Malik v Minister for Immigration and Multicultural Affairs

Akbar Hussain Malik applied for judicial review of a decision by the Minister for Immigration and Multicultural Affairs to cancel his visa on the grounds of character. The case was heard in the Federal Court of Australia. The key issue before the court was whether the Minister had acted lawfully in cancelling the visa based on the applicant's criminal history.

The court examined whether the Minister's decision was supported by relevant considerations and was not unreasonable. It was established that the Minister had the authority to cancel a visa if it was satisfied that the person's conduct demonstrated that they did not meet the character requirements for a visa. The court found that the Minister's decision was based on the applicant's criminal convictions and that these were relevant considerations. The court held that the Minister's decision was not unreasonable given the nature and recency of the crimes.

The court dismissed the application and ordered that the applicant pay the costs of the respondent. The decision underscored the importance of character requirements for visa holders and the Minister's discretion in assessing these requirements. The applicant's criminal history was deemed sufficient to justify the cancellation of his visa, affirming the Minister's decision.