Hicks v Minister for Immigration and Multicultural and Indigenous Affairs

In the case of Hicks v Minister for Immigration and Multicultural and Indigenous Affairs, the appellant, Stephen Edward Hicks, sought to overturn the decision of the respondent to cancel his temporary visa. Hicks, a New Zealand citizen, had been living in Australia since he was 14 years old and had accumulated a criminal record, which included a conviction for refusing to give his name and resisting arrest. The Minister decided to cancel Hicks' visa under section 501(2) of the Migration Act 1958 (Cth), on the basis that Hicks had a substantial criminal record and did not pass the character test. The primary legal issue before the court was whether the delegate's decision to cancel Hicks' visa was legally sound, considering the character test and the information available to the delegate at the time of the decision.

The court examined the process by which the delegate assessed Hicks' character and the evidence available to him. It was established that the delegate had information from law enforcement agencies and a court document indicating Hicks' association with the Rebels Outlaw Motor Cycle Gang. The court also noted discrepancies between the handwritten and typed versions of the interview notes, which were attributed to a misunderstanding by Hicks regarding the reference to the Rebels Motor Cycle Club. Ultimately, the court found that the delegate had acted within his authority and had considered all relevant information. The decision to cancel Hicks' visa was therefore upheld, and the appeal was dismissed. The appellant was ordered to pay the respondent's costs of the appeal.