Chen v Minister for Immigration

Chen v Minister for Immigration was a case where Mr Minhua Chen, a visa holder, had his visa cancelled, and the visas of his family members were also cancelled as a result. The Administrative Appeals Tribunal affirmed the delegate's decision to cancel the visas, and Mr Chen sought judicial review of the Tribunal's decision in the Federal Court. The primary legal issue was whether the delegate's decision to cancel the visas was in accordance with the Migration Act 1958 and whether the visas should not be cancelled because the applicants would suffer extreme hardship. The applicants argued that the visa cancellation of the primary visa holder was a condition precedent to issuing a notice to the secondary visa holders. However, the court found that the Tribunal's decision in Lin and Minister for Immigration and Citizenship was correct, and the cancellation of the primary visa holder's visa was not a pre-condition to issuing a notice to the secondary visa holders.

The court considered the relevant sections of the Migration Act and the decision in Zhong v Minister for Immigration and Citizenship, but ultimately found that the Tribunal's reasoning was correct in distinguishing that decision and rejecting the argument that the cancellation of the primary visa holder's visa is a pre-condition to issuing a notice to the secondary visa holders. The court held that the delegate's decision to cancel the visas was in accordance with the Migration Act, and the visas should be cancelled as there was no evidence of extreme hardship. The court dismissed the application and ordered that the applicant pay the first respondent's costs.