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

This matter concerned an application by Mr. Jadidi for the non-revocation of a mandatory cancellation of his Resident Return (Subclass 155) visa. The dispute arose because Mr. Jadidi did not pass the character test, leading to the mandatory cancellation of his visa. The question before the court was whether there was another reason to revoke this cancellation decision.

The court was required to determine whether the Minister's decision to refuse to revoke the mandatory cancellation of Mr. Jadidi's visa was lawful. This involved considering the framework set out in Ministerial Direction No. 90, which guides decision-makers in assessing character concerns. Specifically, the court had to weigh Mr. Jadidi's extensive criminal history, including drug-related and traffic offences, and violent offending against police officers, against any countervailing considerations. The court also had to consider the implications of non-refoulement obligations to Iran and the circumstances of indefinite detention.

The court reasoned that Ministerial Direction No. 90 provides a framework for decision-makers to exercise their powers under migration law, emphasising Australia's sovereign right to determine who may remain in the country and the expectation that serious criminal conduct will lead to visa refusal or cancellation. The Direction outlines primary considerations such as protecting the Australian community, family violence, the best interests of minor children, and community expectations, as well as other considerations including non-refoulement obligations and impediments to removal. In this instance, the court found that Mr. Jadidi's previous visa cancellation and subsequent restoration served as a formal warning, and his current offending was of a very serious nature. The court concluded that the totality of his unlawful conduct was readily characterised as "very serious," consistent with the position of both parties.

The court affirmed the decision under review, meaning the mandatory cancellation of Mr. Jadidi's visa was not revoked.