Abdel-Hady v Minister for Home Affairs & Anor

The applicant, Mr. Abdel-Hady, sought judicial review of a decision by the Minister for Home Affairs to refuse his application for a Protection visa. The Minister's decision was based on the applicant's alleged failure to satisfy the character requirements of the *Migration Act 1958* (Cth). The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister's delegate had erred in law by failing to consider, or adequately consider, the applicant's submissions regarding his rehabilitation and remorse in assessing whether he met the character test. Specifically, the court considered the proper interpretation and application of s 501(6)(c)(ii) of the *Migration Act*, which requires a person to satisfy the Minister that they pass the character test, and the evidentiary weight to be given to evidence of rehabilitation and remorse in such an assessment.

Gageler CJ held that the delegate's decision was vitiated by an error of law. His Honour reasoned that the delegate had failed to give proper consideration to the applicant's evidence of rehabilitation and remorse, which were relevant factors in determining whether the applicant passed the character test under s 501(6)(c)(ii). The delegate's approach, which appeared to treat the applicant's criminal conduct as determinative without adequately weighing the subsequent evidence of change, was found to be inconsistent with the statutory requirement to assess whether the applicant *now* passes the character test. The principle applied was that a delegate must engage with all relevant material, including evidence of rehabilitation and remorse, when making a character assessment under the *Migration Act*.

The High Court made orders quashing the decision of the Minister's delegate and remitting the application for a Protection visa to the Minister for reconsideration according to law.