DCW16 v Minister for Immigration

In the Federal Circuit and Family Court of Australia, Judge Jarrett considered the application of DCW16 for judicial review of a decision made by the Minister for Immigration. The applicant sought to challenge the lawfulness of the Minister's decision to refuse to revoke a mandatory visa cancellation.

The central legal issue before the Court was whether the Minister, in considering the application for revocation of the visa cancellation, had failed to take into account a relevant consideration, namely the best interests of a child. The applicant contended that the Minister's delegate, when making the decision, had not adequately considered the impact of the cancellation on the applicant's child, who was an Australian citizen.

Judge Jarrett reasoned that the *Migration Act 1958* (Cth) requires the Minister to consider all relevant considerations when deciding whether to revoke a mandatory visa cancellation. The Court found that the best interests of a child are a relevant consideration in such circumstances, particularly where the child is an Australian citizen and the applicant is their parent. The delegate's decision-making process was found to have inadequately addressed this consideration, leading to a failure to take into account a relevant matter.

Consequently, the Court found the Minister's decision to be unlawful and set it aside. The matter was remitted to the Minister for reconsideration according to law.