Aktar v Minister for Immigration

In *Aktar v Minister for Immigration*, the applicant, Mr Aktar, sought judicial review of a decision by the Minister for Immigration to refuse to grant him a visa. The dispute concerned the Minister's assessment of Mr Aktar's character for the purposes of the *Migration Act 1958* (Cth). The matter came before Judge Driver of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister had erred in law in assessing Mr Aktar's character, specifically in relation to the application of the 'substantial criminal record' criterion under Schedule 4 of the *Migration Regulations 1994* (Cth). This involved determining whether the Minister had correctly interpreted and applied the relevant legislative provisions and case law concerning the definition of a 'substantial criminal record' and the assessment of character.

Judge Driver's reasoning focused on the proper interpretation of the phrase 'substantial criminal record' as it applied to Mr Aktar's prior convictions. The Court considered the cumulative effect of Mr Aktar's offending behaviour and the seriousness of the offences in determining whether they constituted a 'substantial criminal record' for the purposes of the character test. The Court applied established principles of administrative law, including the requirement for decision-makers to undertake a proper, rational, and evidence-based assessment of the relevant criteria. The Court found that the Minister had failed to properly consider all relevant aspects of Mr Aktar's criminal history and its implications for the character test.

The Court ordered that the Minister's decision be set aside and remitted to the Minister for redetermination according to law.