DTW17 v Minister for Immigration

The applicant, DTW17, sought judicial review of a decision made by the Immigration Assessment Authority (IAA) concerning their application for a protection visa. The dispute arose from the Minister for Immigration's intention to consider cancelling DTW17's visa. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the Minister's power to cancel a visa, in circumstances where a notice of intention to consider cancellation had been issued, was exercised in a manner that constituted jurisdictional error. Specifically, the Court was asked to determine if the IAA had erred in law by finding that no jurisdictional error had occurred in the Minister's consideration of the cancellation.

Judge Hartnett reasoned that the power to cancel a visa under the *Migration Act 1958* (Cth) is discretionary. The Court found that the Minister's decision to consider cancellation, and the subsequent process, did not involve a failure to exercise a power, or an exercise of power in a manner not permitted by the Act, which would amount to jurisdictional error. The IAA's conclusion that no jurisdictional error had been established was upheld.

Consequently, the application for judicial review was dismissed.