Plaintiff S22/2025 v Minister for Immigration and Multicultural Affairs

The High Court of Australia considered the case of Plaintiff S22/2025, who sought judicial review of a decision made by the Minister for Immigration and Multicultural Affairs. The core of the dispute concerned the lawfulness of the Minister's decision to refuse to revoke a protection visa cancellation.

The central legal issue before the Court was whether the Minister, in exercising the power to revoke a protection visa cancellation under s 501(1) of the *Migration Act 1958* (Cth), was required to consider the best interests of a child who was a citizen of Australia and a member of the visa holder's household. The Court also had to determine the scope of the Minister's non-compellable duty to consider certain matters when exercising this power.

Gageler CJ, Edelman and Jagot JJ held that the Minister's power under s 501(1) of the *Migration Act* was not a power that attracted a mandatory consideration of the best interests of an Australian citizen child. Their Honours reasoned that the statutory language did not impose such a requirement, and that the Minister's duty to consider certain matters was limited to those expressly or implicitly mandated by the Act. The Court distinguished this power from other statutory powers where child welfare considerations are explicitly or implicitly required.

The High Court dismissed the application for judicial review.