FBMX and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The applicant, FBMX, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to revoke the mandatory cancellation of his visa. The cancellation was based on FBMX having a substantial criminal record, specifically a conviction for wounding with intent to cause grievous bodily harm. The Minister's decision was made under s 501(3A) of the *Migration Act 1958* (Cth).

The primary legal issues before the court were whether the Minister's decision to refuse revocation was affected by jurisdictional error, and in particular, whether the Minister had failed to properly consider FBMX's non-refoulement obligations under international law, as well as humanitarian concerns relevant to his case. The court also considered the weight to be given to evidence presented by FBMX, including a psychologist's report indicating a low risk of reoffending.

Deputy President B W Rayment Oam Kc P found that the Minister's delegate had failed to adequately consider the non-refoulement obligations and humanitarian concerns. The delegate's assessment of these matters was found to be superficial and did not engage with the evidence in a meaningful way. The court applied the principles of administrative law, emphasizing the need for a lawful, rational, and procedurally fair decision-making process, particularly when fundamental rights and humanitarian considerations are engaged.

The court set aside the Minister's decision and substituted its own decision, revoking the mandatory visa cancellation.