GPDZ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, GPDZ, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel their Class BF (Permanent) visa under section 501 of the *Migration Act 1958* (Cth) on the grounds that they failed to pass the character test due to having a substantial criminal record. The matter was heard by the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the Minister had properly considered all relevant considerations under Ministerial Direction No. 90, specifically the non-refoulement obligations, the extent of impediments to removal, the impact on victims, the strength, nature, and duration of the applicant's ties to Australia, and whether appropriate, fair, and just consideration was given to the factors behind the applicant's past criminal conduct. The Court also considered whether the Minister had given sufficient weight to the primary considerations, including the protection of the Australian community, the seriousness of the offending and future risk, family violence, the best interests of minor children in Australia, and the expectations of the Australian community.

The Court found that the Minister's decision failed to adequately consider the applicant's international non-refoulement obligations and the extent of impediments to their removal from Australia. Furthermore, the Court determined that insufficient weight had been given to the applicant's ties to Australia and the factors contributing to their past criminal conduct. Consequently, the Court concluded that the decision was affected by jurisdictional error. The Court set aside the original decision and substituted its own decision.