PQSM v Minister for Home Affairs & Anor

The applicants, PQSM and another, sought judicial review of decisions made by the Minister for Home Affairs and the Department of Home Affairs concerning the cancellation of their visas. The dispute centred on the lawfulness of these cancellation decisions, which were made under s 501(3A) of the *Migration Act 1958* (Cth). The matter was heard by Bell and Keane JJ of the Full Federal Court of Australia.

The primary legal issue before the Full Federal Court was whether the delegate of the Minister had properly exercised the power to cancel the applicants' visas under s 501(3A) of the *Migration Act*. This involved determining whether the delegate had reasonably held the belief that the applicants did not pass the character test, as required by s 501(3A)(b), and whether the delegate had adequately considered the non-compellable, non-evidential information provided by the applicants.

The Court reasoned that the delegate's belief that the applicants did not pass the character test must be based on information that is reasonably available to the delegate and that supports the conclusion that the person does not pass the character test. The Court found that the delegate had failed to properly consider the information provided by the applicants, particularly regarding their rehabilitation and prospects of future good behaviour. This failure meant that the delegate's belief was not reasonably open on the material before them, rendering the cancellation decisions unlawful. The Court also clarified that while the information provided by the applicants was non-compellable and non-evidential, it was still relevant to the delegate's assessment of whether the applicants passed the character test.

The Full Federal Court allowed the appeals, quashed the decisions of the Federal Circuit and Family Court of Australia, and remitted the matters to the Minister for reconsideration according to law.