Ogawa, An application by

An application was made by Ogawa for leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute concerned the interpretation of s 117 of the *Migration Act 1958* (Cth) and its application to a non-citizen who had been convicted of a criminal offence in Australia. The applicant sought to argue that the Full Federal Court had erred in its construction of the section, which deals with the Minister's power to refuse or cancel a visa on character grounds.

The primary legal issue before the High Court was whether the Full Federal Court had correctly interpreted and applied s 117 of the *Migration Act*. Specifically, the court was required to determine the scope of the Minister's discretion under this provision and the circumstances in which a non-citizen's conduct could be considered to be of such a nature as to warrant refusal or cancellation of a visa. This involved an examination of the legislative intent behind s 117 and its relationship with other provisions of the Act concerning character requirements for visa holders.

Kirby J, in his reasons, considered the text and purpose of s 117. His Honour emphasised that the provision conferred a broad, but not unfettered, discretion upon the Minister. The decision turned on the proper characterisation of the applicant's criminal conduct in light of the statutory criteria. Kirby J concluded that the Full Federal Court had not erred in its interpretation of the section and that the applicant's conduct fell within the ambit of s 117.

Leave to appeal was therefore refused.