FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs

The Federal Court of Australia heard an appeal in *FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs*. The applicant, FEL17, sought judicial review of a decision made by the Minister for Immigration, Citizenship and Multicultural Affairs. The core of the dispute concerned the lawfulness of the Minister's decision to refuse to revoke a mandatory visa cancellation.

The central legal issue before the High Court was whether the Minister, when considering a request to revoke a mandatory visa cancellation under section 501CA of the Migration Act 1958 (Cth), was required to consider, as a matter of fact, whether the applicant had demonstrated that they had "re-established" or "re-integrated" into Australian society. This question arose in the context of the Minister's obligation to consider the best interests of minor children in Australia who were part of the applicant's family.

The High Court held that the Minister's obligation under section 501CA(4)(b)(ii) to consider the best interests of a child did not impose a requirement to find that the applicant had re-established or re-integrated into Australian society. Rather, the Minister was required to consider the *actual circumstances* of the child's best interests, which might include factors relating to the applicant's past conduct, their current circumstances, and their prospects of future engagement with the child. The Court clarified that the statutory language did not mandate a specific finding of re-establishment or re-integration, but rather a comprehensive assessment of the child's best interests in light of all relevant considerations.

The appeal was dismissed.