Maea and Minister for Immigration and Border Protection (Migration)

Maea (the applicant) sought judicial review of the Minister for Immigration and Border Protection's decision to affirm the mandatory cancellation of his visa. The applicant had a substantial criminal record, which triggered the mandatory cancellation provisions under the *Migration Act 1958* (Cth). The Minister's delegate, in considering whether to revoke the cancellation, had regard to Ministerial Direction No. 65, which outlines primary and other considerations relevant to such decisions. The Federal Court of Australia was tasked with determining the lawfulness of the delegate's decision.

The central legal issue before the Court was whether the delegate had properly applied Ministerial Direction No. 65 when considering the applicant's case. Specifically, the Court had to assess whether the delegate had given adequate weight to the primary considerations, including the protection of the Australian community and the expectations of the Australian community, and whether the delegate had properly considered the other considerations, such as the extent of impediments to the applicant's removal from Australia. The applicant contended that the delegate's assessment of these factors was flawed.

Deputy President Rayment P found that the delegate had correctly applied the principles of Ministerial Direction No. 65. The delegate had demonstrably considered the relevant primary considerations, including the need to protect the Australian community from non-citizens who had committed serious offences, and had weighed these against the applicant's personal circumstances. The delegate's assessment of the applicant's criminal history and its implications for community safety was found to be reasonable and within the scope of the delegate's powers. Furthermore, the delegate's consideration of the other factors, such as the impediments to removal, was also deemed to be adequate. Consequently, the Court affirmed the delegate's decision to not revoke the mandatory cancellation of the applicant's visa.