BAS18 v Minister for Home Affairs

BAS18 (the applicant) sought judicial review of a decision made by the Minister for Home Affairs (the respondent) to refuse to grant the applicant a visa. The dispute concerned the lawfulness of the Minister's decision, which was made under section 501(3) of the *Migration Act 1958* (Cth). The matter came before Judge Baird of the Federal Court of Australia.

The primary legal issue before the Court was whether the Minister's decision to refuse the visa, based on the applicant not satisfying the "character test" as defined in section 501(6) of the *Migration Act*, was affected by jurisdictional error. Specifically, the Court was required to determine if the Minister had failed to consider relevant considerations or had taken into account irrelevant considerations when exercising the power under section 501(3).

Judge Baird found that the Minister's delegate, in making the decision, had failed to properly consider the applicant's personal circumstances and the potential impact of the refusal on the applicant's family members, particularly their children. The Court held that while the delegate was entitled to consider the applicant's criminal history, the delegate was also obliged to give sufficient weight to the best interests of the children and the humanitarian considerations raised by the applicant. The failure to adequately engage with these factors constituted a failure to consider relevant considerations, rendering the decision unlawful.

The Court ordered that the decision of the Minister be set aside and remitted to the respondent for reconsideration according to law.