Re Maikantis and Minister for Immigration and Border Protection

This matter concerned an appeal by Mr Maikantis against the Minister for Immigration and Border Protection's refusal to grant him a visa on character grounds. The refusal was based on Mr Maikantis having a substantial criminal record, as defined by section 501(7)(c) of the *Migration Act 1958* (Cth), due to being sentenced to multiple terms of imprisonment totalling more than 12 months. The court was required to determine the lawfulness of the Minister's decision to refuse the visa.

The primary legal issue before the court was whether the Minister's decision to refuse the visa under section 501 of the *Migration Act* was valid. This involved considering the discretionary nature of the power to refuse a visa, the boundaries within which such discretion must be exercised, and the impact of the Minister's Direction No. 65, issued under section 499 of the Act, on the decision-making process. The court also had to assess whether the Minister had properly considered all relevant factors in reaching the decision.

The court found that while Mr Maikantis did have a substantial criminal record, the Minister's discretion under section 501(1) was not unfettered. The decision-making power must be exercised within the boundaries of the Act and any applicable directions. The court noted that Direction No. 65 provides specific guidance on how the Minister should approach character test refusals. The court concluded that the decision under review had failed to adequately identify the specific question to be answered on review, leading to the decision being set aside and remitted for reconsideration.