DHHH and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, DHHH, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel their visa under section 501(2) of the *Migration Act 1958* (Cth) on the grounds that the applicant failed to pass the character test. The matter was heard by Tigiilagi Eteuati M.

The central legal issue before the court was whether the Minister had validly exercised the discretion to cancel the applicant's visa, particularly in light of the application of Direction No. 79. This involved an assessment of whether the decision-maker had properly considered all relevant factors and applied the principles outlined in the Direction when weighing the risk to the Australian community against the best interests of the applicant.

The court found that the decision to cancel the applicant's visa was vitiated by an error of law. The reasoning focused on the decision-maker's failure to adequately consider and give appropriate weight to certain factors as required by Direction No. 79, leading to an unreasonable exercise of the discretion conferred by section 501(2). The court applied established principles of administrative law concerning the proper exercise of discretionary powers and the application of relevant ministerial directions.

Consequently, the court set aside the decision to cancel the applicant's visa.