NAJQ v MIMIA

The High Court of Australia heard an appeal in NAJQ v MIMIA, concerning the interpretation of the *Migration Act 1958* (Cth) and its application to a non-citizen who had been granted a protection visa. The dispute centred on whether the Minister for Immigration and Multicultural and Indigenous Affairs (MIMIA) had the power to cancel the appellant's visa under s 501(2) of the *Migration Act* on character grounds, despite the appellant having been granted a protection visa.

The primary legal issue before the High Court was whether s 501(2) of the *Migration Act*, which permits the Minister to cancel a visa if the Minister is satisfied that a person does not pass the character test, applied to a person who held a protection visa. The court was required to determine the scope of the Minister's power to cancel visas on character grounds and whether this power was limited by the nature of a protection visa, which is granted to individuals who meet Australia's international obligations regarding refugees.

McHugh and Heydon JJ, in their joint judgment, held that the power to cancel a visa under s 501(2) was not limited by the fact that the visa was a protection visa. Their Honours reasoned that the *Migration Act* provided a clear statutory framework where the Minister's power to cancel visas on character grounds was a distinct and overarching power, capable of being exercised irrespective of the type of visa held. They emphasised that the purpose of s 501 was to protect the Australian community and that this purpose would be undermined if protection visa holders were immune from cancellation on character grounds. The court found that the appellant did not pass the character test, and therefore the Minister had the power to cancel the visa.

The High Court allowed the appeal, setting aside the decision of the Full Federal Court and remitting the matter to the Federal Court for further consideration.