2014155 (Migration)

The applicant, who held a Bridging E (Class WE) visa, sought judicial review of the decision to affirm the cancellation of that visa. The applicant had been charged with a criminal offence, and their business had closed, leading to significant financial hardship. The decision under review was made by the delegate of the Minister for Immigration and Border Protection.

The primary legal issue before the Federal Circuit Court was whether the delegate had erred in affirming the cancellation of the applicant's Bridging E visa. Specifically, the court was required to consider whether the delegate had properly taken into account all relevant considerations, including the applicant's personal circumstances, such as their financial hardship and the impact of the criminal charges, when exercising their discretion under the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations.

In his reasons, Judge Pennell found that the delegate had failed to adequately consider the applicant's financial hardship and the potential consequences of the visa cancellation on their ability to manage their affairs. The court reiterated the principle that while the grounds for cancellation may be valid, the exercise of discretion requires a balanced assessment of all relevant factors, both for and against the applicant. The delegate's decision was found to be affected by jurisdictional error due to this failure to properly consider relevant material.

Consequently, the Federal Circuit Court set aside the decision of the delegate and remitted the matter to the Minister for reconsideration according to law.