Giri v Minister for Immigration

In *Giri v Minister for Immigration*, the applicant, Mr Giri, sought judicial review of a decision by the Minister for Immigration to refuse to grant him a visa. The dispute concerned the Minister's assessment of Mr Giri's character for the purpose of the visa application.

The primary legal issue before the Federal Court was whether the Minister had erred in law in the exercise of the power conferred by s 501(1) of the *Migration Act 1958* (Cth) to refuse a visa on character grounds. Specifically, the court was required to determine whether the Minister had properly considered all relevant considerations and disregarded irrelevant considerations when assessing Mr Giri's character, particularly in light of the applicant's criminal history and the potential impact of his removal from Australia.

Driver J found that the Minister had failed to properly consider the applicant's rehabilitation and the positive steps he had taken since his offending. The Minister's decision had placed undue weight on the past offending without adequately balancing it against the applicant's subsequent conduct and the potential for rehabilitation. The court applied the principles of administrative law, requiring that decisions be made according to law, which includes a proper consideration of all relevant factors and the avoidance of irrelevant ones.

The application for judicial review was granted, and the decision of the Minister was set aside. The matter was remitted to the Minister for reconsideration according to law.