Johnson v Minister for Immigration and Multicultural and Indigenous Affairs

In Johnson v Minister for Immigration and Multicultural and Indigenous Affairs, the applicant, Silas Tinessy Johnson, sought judicial review of the Minister's decision to cancel his visa under section 501 of the Migration Act 1958 (Cth). Johnson, a New Zealand citizen, had been in Australia since 1981 and held a Special Category Visa. The decision to cancel his visa was based on his criminal history, including convictions for drug offences and attempting to pervert the course of justice. The central issue before the court was whether the Minister's decision to cancel Johnson's visa was lawful and if it was made in accordance with the applicable legal framework.

The court considered the grounds for review, particularly the claim that the Minister failed to provide reasons for his decision as required by section 501G. The court noted that such a failure does not constitute a jurisdictional error that would vitiate the decision, in accordance with the High Court's ruling in Re Minister for Immigration, Multicultural and Indigenous Affairs; Ex parte Palme. The Department's submission to the Minister outlined Johnson's criminal history and the grounds upon which his visa could be cancelled, emphasising his substantial criminal record. The court had to determine if the Minister's decision was based on the correct application of the law and whether it was supported by the evidence of Johnson's criminal history.

Ultimately, the court found that the Minister's decision to cancel Johnson's visa was invalid. The reasoning was based on the court's determination that the Minister failed to provide adequate reasons for his decision, as required by section 501G. This procedural flaw led to the conclusion that the decision was not in accordance with the law. The court declared the decision invalid and ordered Johnson's immediate release from immigration detention. Additionally, the court ordered the Minister to pay Johnson's costs and granted liberty to apply for further or consequential relief within seven days.