DKDR and Minister for Home Affairs (Migration)

This matter concerned an application for judicial review of a decision by the Minister for Home Affairs to cancel the applicant's visa under section 501(2) of the *Migration Act 1958* (Cth). The applicant had failed to pass the character test, and the Minister had exercised the discretion to cancel the visa.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the Minister had lawfully 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 given appropriate weight to them in accordance with the legislative framework and relevant policy directions.

The Court found that the decision to cancel the applicant's visa was vitiated by jurisdictional error. The Court reasoned that the delegate had failed to properly consider the applicant's personal circumstances and the impact of the cancellation on them, as required by Direction No. 79. Specifically, the delegate had not adequately assessed the risk of harm to the applicant's children and the potential for rehabilitation. Consequently, the Court set aside the decision to cancel the visa.