Cowgill, Ex parte - Re MIMIA

This matter concerned an application by Cowgill for an order of prohibition directed to the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA). The applicant sought to prevent the Minister from making a decision under s 501(1) of the *Migration Act 1958* (Cth) to refuse to grant, or to cancel, a visa on character grounds. The application was heard by Gummow J in chambers.

The central legal issue before the Court was whether the Minister's power under s 501(1) of the *Migration Act* was enlivened by the applicant's criminal convictions. Specifically, the Court was required to determine if the applicant's criminal record, which included convictions for offences committed both before and after the commencement of the *Migration Amendment (Character and General Provisions) Act 2004* (Cth), constituted a sufficient basis for the Minister to exercise the power to refuse or cancel a visa on character grounds.

Gummow J considered the operation of s 501(1) and its interaction with the amendments made by the *Migration Amendment (Character and General Provisions) Act 2004*. His Honour noted that the power to refuse or cancel a visa on character grounds is a broad one, requiring the Minister to be satisfied that a person does not pass the character test. The Court's reasoning focused on the interpretation of "character test" as defined in the Act and whether the applicant's past conduct met the criteria for a failure of that test, irrespective of the timing of the convictions relative to the legislative amendments.

The application for prohibition was dismissed.