BLS15 v Minister for Immigration and Anor (No.2)

In *BLS15 v Minister for Immigration and Anor (No.2)*, heard in the Federal Circuit and Family Court of Australia, the applicant, BLS15, sought judicial review of a decision made by the Minister for Immigration concerning their visa status. The dispute centred on the lawfulness of the Minister's decision to refuse to revoke a mandatory visa cancellation.

The primary legal issue before the Court was whether the Minister, in considering the revocation of the mandatory visa cancellation under s 501(12) of the *Migration Act 1958* (Cth), had failed to consider relevant considerations and had taken into account irrelevant considerations. Specifically, the Court was asked to determine if the Minister had adequately considered the best interests of BLS15's child, a factor mandated for consideration under the relevant provisions.

Judge Antoni Lucev found that the delegate of the Minister had failed to properly consider the best interests of the child, a crucial factor in the assessment of whether to revoke the visa cancellation. The Court reasoned that the delegate's assessment of this factor was superficial and did not engage with the specific circumstances and potential impact on the child. This failure constituted a jurisdictional error, as the Minister had not exercised the power conferred by the Act according to its terms. The Court quashed the decision of the Minister.