SSVJ v Minister for Immigration, Citizenship and Multicultural Affairs

Case [2025] FCA 954

FEDERAL COURT OF AUSTRALIA

SSVJ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 954  

File number(s): NSD 1154 of 2024
Judgment of: PERRAM J
Date of judgment: 15 August 2025
Catchwords: MIGRATION – application for judicial review of a decision made by the respondent under s 501BA of the Migration Act 1958 (Cth) – where the respondent cancelled the applicant’s visa having been satisfied that the applicant did not pass the character test and it was in the national interest to do so – where the respondent placed significant weight on the protection of the Australian community and the expectations of the Australian community – where the applicant would remain in the Australian community following cancellation of his visa because of the High Court’s decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 – whether the respondent’s exercise of the power in s 501BA was illogical, irrational or legally unreasonable
Legislation:

Migration Act 1958 (Cth) ss 14, 189, 501(3A), 501(6), 501BA

Judiciary Act 1903 (Cth) s 39B

Migration Regulations 1994 (Cth) reg 2.25AA

Cases cited:

DCP16 v Minister for Immigration and Border Protection [2019] FCAFC 91

Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3; 289 FCR 21

JNMQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 1375

Minister for Immigration and Border Protection v Haq [2019] FCAFC 7; 267 FCR 513

Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437

Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259

NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38; 220 FCR 1

NZYQ v Minister for Immigration and Citizenship and Multicultural Affairs [2023] HCA 37; 280 CLR 137

Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22; 254 CLR 28

Plaintiff S297/2013 v Minister for Immigration and Border Protection [2015] HCA 3; 255 CLR 231

Public Service Board v Osmond [1986] HCA 7; 159 CLR 656

Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2023] FCAFC 60; 297 FCR 39

XKTK v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 14
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 29
Date of hearing: 14 February 2025
Counsel for the Applicant:  Ms M Yu
Solicitor for the Applicant:  Legal Aid Commission of NSW
Counsel for the Respondent:  Mr G Johnson
Solicitor for the Respondent:  Sparke Helmore Lawyers

 

ORDERS

NSD 1154 of 2024
BETWEEN:

SSVJ

Applicant
AND:

MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS

Respondent

ORDER MADE BY:

PERRAM J

DATE OF ORDER:

15 AUGUST 2025

THE COURT ORDERS THAT:

1.The decision of the respondent made on 17 June 2025 be set aside.

2.The respondent pay the costs of the applicant as agreed, taxed or otherwise assessed.

Note:   Entry of orders is dealt with in…

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Details
AGLC
SSVJ v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 954
Case
[2025] FCA 954
Decision Date

CaseChat Overview and Summary

The case of SSVJ v Minister for Immigration, Citizenship and Multicultural Affairs involved the applicant, SSVJ, who sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel his visa. The Minister had determined that SSVJ did not meet the character test required by section 501BA of the Migration Act 1958 (Cth) and that it was in the national interest to cancel his visa. The central issue before the court was whether the Minister’s exercise of the power under section 501BA was illogical, irrational or legally unreasonable.

The legal issue that the court had to resolve was whether the Minister’s decision to cancel SSVJ’s visa was justified under the Migration Act. The court needed to consider the statutory criteria for visa cancellation and whether the Minister’s assessment of the character test and the national interest was rational and legally sound. The court also had to take into account the implications of the High Court's decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs, which had determined that individuals whose visas are cancelled under section 501BA can remain in Australia.

The court found that the Minister’s decision was not irrational or legally unreasonable. The Minister had considered the relevant statutory criteria and placed significant weight on the protection of the Australian community and the expectations of the Australian community. The court concluded that the Minister's decision was within the bounds of the statutory power and did not constitute an abuse of discretion.

The court set aside the decision of the respondent made on 17 June 2025. Additionally, the respondent was ordered to pay the costs of the applicant as agreed, taxed or otherwise assessed.

Orders

Orders of the court

1. The decision of the respondent made on 17 June 2025 be set aside.

2. The respondent pay the costs of the applicant as agreed, taxed or otherwise assessed.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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