Azar v Minister for Immigration and Border Protection

In the matter of Azar v Minister for Immigration and Border Protection, the Federal Court of Australia examined the case of Mr Azar, who had lived in Australia since the age of one, but whose visa was cancelled under section 501(3A) of the Migration Act 1958 (Cth) due to a substantial criminal record and ongoing imprisonment. Mr Azar contested the cancellation, citing his strong ties to Australia and the potential negative impact on his family, particularly his young child. The court was tasked with deciding whether the visa cancellation could be revoked under section 501CA(4) of the Act and if the decision was legally unreasonable given the International Covenant on Civil and Political Rights (ICCPR).

The primary legal issue was whether sections 501(3A) and 501CA(4) of the Act should be interpreted in a way that exempts individuals for whom Australia is their "own country," potentially incorporating a right to enter Australia under Article 12(4) of the ICCPR or a common law equivalent. The court found that such an interpretation was not supported by the language of the Act and would contradict the comprehensive system established by Parliament for regulating non-citizens' entry and presence in Australia. The court further determined that there is no common law right for aliens to enter and remain in Australia as their "own country." The court also dismissed the argument that the decision was legally unreasonable under the ICCPR, as there is no such common law right and the decision aligned with existing authority.

The court concluded that the applicant's construction of the relevant sections of the Act was not viable, and therefore, the Minister's decision to not revoke the visa cancellation was lawful. The application was dismissed, and the applicant was ordered to pay the respondent's costs.