Martin v Minister for Immigration and Border Protection

Simon Israel Martin sought a review of the decision of the Minister for Immigration and Border Protection not to revoke a decision to cancel his visa on character grounds. The Federal Court held that the application was dismissed and that the applicant pay the respondent's costs. Mr Martin, a New Zealand national, was granted a Special Category (Temporary) visa. His visa was later cancelled on character grounds, following multiple criminal convictions for domestic violence and breaching apprehended violence orders. Mr Martin applied for the decision to be revoked but the Minister declined to do so, and Mr Martin sought judicial review of the Minister’s decision. The Court was required to decide whether the Minister’s decision was legally unreasonable and whether the Minister failed to take into account a relevant consideration. The Court found that the Minister’s decision did not warrant any of the epithets ascribed to it. It found that the Minister did not fail to consider relevant information that the person in the Australian community most likely to experience any harm wished that Mr Martin stay in Australia and her interests would be “more adversely affected by his removal.” The Court found that the Minister had taken into account the information provided by Mr Martin about his personal circumstances and weighed it against other relevant considerations. The Court found that the Minister was not bound to consider Ms T’s wishes as he had considered the effect of non-revocation upon Mr Martin’s immediate family in Australia and accepted that those persons would experience emotional and financial hardship. The application was dismissed and the applicant was ordered to pay the respondent’s costs.