1503687 (Migration)

The applicant, Mr. K.S.K. (a citizen of India), sought judicial review of the decision of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of his visa. The Minister's decision was made under s 501(3C) of the *Migration Act 1958* (Cth). The dispute concerned whether the Minister had erred in law by failing to consider relevant considerations and by taking into account irrelevant considerations when making the decision to refuse revocation. The matter came before the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister, in refusing to revoke the mandatory visa cancellation, had failed to consider the applicant's character, his ties to Australia, and the best interests of his children, as required by the *Migration Act* and relevant ministerial directions. Specifically, the Court had to determine if the delegate's assessment of these factors was so unreasonable that no reasonable delegate, properly instructed and acting in accordance with the law, could have reached the same conclusion.

The Court found that the delegate had failed to adequately consider the applicant's rehabilitation and his efforts to address the underlying issues that led to his criminal conduct. The delegate's assessment of the applicant's ties to Australia and the best interests of his children was also found to be superficial and lacking in proper consideration of the evidence presented. The Court applied the principles of administrative law, including the requirement for a decision-maker to undertake a comprehensive and balanced assessment of all relevant factors, and to provide reasons that adequately explain the decision. The Court concluded that the delegate's decision was affected by jurisdictional error.

The Court ordered that the decision of the Minister to refuse to revoke the mandatory cancellation of the applicant's visa be set aside. The matter was remitted to the Minister for redetermination according to law.