Ahmed and Minister for Immigration and Border Protection (Migration)

The applicant, Mr. Ahmed, sought judicial review of a decision by the Minister for Immigration and Border Protection concerning the non-revocation of a mandatory visa cancellation. The dispute centred on Mr. Ahmed's eligibility for a refugee and humanitarian visa, his character test status due to a substantial criminal record, and the application of Ministerial Direction No. 65. The matter was heard by Deputy President B W Rayment.

The primary legal issue before the court was whether the Minister's decision to refuse to revoke the mandatory cancellation of Mr. Ahmed's visa was lawful. This required the court to consider the interplay between the character provisions of the Migration Act 1958, specifically the "substantial criminal record" ground, and the "primary and other considerations" outlined in Ministerial Direction No. 65, including the protection of the Australian community and community expectations. The court also had to assess whether Mr. Ahmed's non-refoulement obligations and significant medical conditions, along with the availability of medical services in his home country, were adequately considered.

Deputy President Rayment reasoned that the impediments facing Mr. Ahmed upon removal from Australia, particularly his state of health and the limited medical support available in Sudan, were significant considerations favouring the setting aside of the reviewable decision. Applying all relevant considerations to the specific circumstances of the case, the court found that the decision to refuse revocation was not justified. Consequently, the court ordered that the reviewable decision be set aside and substituted with a decision revoking the cancellation of Mr. Ahmed's visa under section 501CA(4) of the Migration Act 1958.