Darwich v Minister for Immigration

In *Darwich v Minister for Immigration*, the applicant, Mr Darwich, sought judicial review of a decision by the Minister for Immigration to refuse to grant him a visa. The dispute concerned the Minister's assessment of Mr Darwich's character for the purpose of the visa application. The matter came before Driver J of the Federal Court of Australia.

The primary legal issue before the Court was whether the Minister's delegate had erred in law in assessing Mr Darwich's character, specifically in relation to the application of the 'substantial criminal record' criterion under the *Migration Act 1958* (Cth). This involved determining whether the delegate had properly considered all relevant information and applied the correct legal tests when assessing the seriousness of past offending behaviour.

Driver J found that the delegate had made an error of law by failing to adequately consider the specific circumstances of Mr Darwich's offending, including the context and nature of the offences. The Court held that a mechanical application of the 'substantial criminal record' provisions without due regard to the nuances of the individual case could lead to an unreasonable or legally flawed decision. The principle applied was that administrative decision-makers must engage in a proper, rational, and evidence-based assessment of the facts before them, particularly when such assessments have significant consequences for individuals.

The Court ordered that the decision of the Minister's delegate be set aside and remitted to the Minister for redetermination according to law.