Lin, Ex parte - Re MIMA

This matter concerned an application by Mr. Lin for an order of prohibition against the Minister for Immigration and Multicultural Affairs (MIMA). Mr. Lin sought to prevent the Minister from making a decision under section 501(1) of the *Migration Act 1958* (Cth) to refuse to grant him a visa, or alternatively, to cancel his existing visa, on character grounds. The application was heard by McHugh J in chambers.

The central legal issue before the Court was whether the Minister's power to refuse or cancel a visa on character grounds under section 501(1) of the *Migration Act* was conditioned upon the applicant or visa holder having been convicted of a criminal offence. Mr. Lin contended that a conviction was a prerequisite for the Minister to exercise this power.

McHugh J considered the text and purpose of section 501(1). His Honour concluded that the provision did not require a criminal conviction for the Minister to refuse or cancel a visa on character grounds. The power could be exercised if the Minister was satisfied that a person "does not pass the character test," which was defined in section 501(6) to include circumstances such as having a substantial criminal record or having been convicted of certain offences. The Court found that the wording of section 501(1) was broad enough to encompass situations where a person might not have a formal conviction but still posed a risk to the Australian community.

The application for an order of prohibition was dismissed.