Rivera v Minister for Justice & Customs

The applicant, Rivera, sought judicial review of a decision by the Minister for Justice and Customs to refuse to grant him a visa. The dispute concerned the Minister's assessment of Rivera's character for the purposes of the *Migration Act 1958* (Cth). The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the Minister, in assessing Rivera's character under section 501 of the *Migration Act*, was required to consider the potential consequences of refusing the visa, specifically the impact on Rivera's family members who were Australian citizens. Rivera contended that a failure to consider these consequences rendered the decision to refuse the visa unreasonable.

Heydon J held that the Minister's duty under section 501 of the *Migration Act* was to assess the character of the applicant and determine whether they passed the character test. The Minister was not required to consider the impact of a visa refusal on the applicant's family members. The assessment of character was a distinct consideration from the broader policy considerations that might inform the exercise of ministerial discretion in other contexts. The court found that the Minister had properly applied the character test as required by the legislation.

The application for judicial review was dismissed.