What factors does the AAT consider to determine if someone is of a good character?
In this particular case, the AAT affirmed a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Department) not to revoke the mandatory cancellation of the applicant’s spouse visa. He was found to not be of good character.
By way of background, the applicant’s visa was cancelled on character grounds because he had a substantial criminal record and was serving a sentence of imprisonment. This was a mandatory cancellation (under s501) by the Department after the applicant was sentenced to 15 years in prison for attempting to possess a commercial quantity of methamphetamine.
When a person has requested revocation of the cancellation of the visa and that request has been refused by the Department, they can seek a merits review in the AAT of the decision.
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