SZAMU v MIMIA

The applicants, SZAMU and MIMIA, sought special leave to appeal to the High Court of Australia from a decision of the Full Federal Court. The dispute concerned the interpretation and application of provisions within the *Migration Act 1958* (Cth) relating to the cancellation of certain visas. The applicants were challenging the lawfulness of decisions made by the Minister for Immigration and Multicultural Affairs to cancel their visas.

The primary legal issue before the High Court was whether the Minister had validly exercised the power to cancel the applicants' visas under section 501(2) of the *Migration Act*. This involved determining whether the Minister was satisfied that the applicants did not pass the character test, as defined in section 501(6) of the Act, and whether the Minister's satisfaction was based on reasonable grounds. A further issue was whether the Minister's decision-making process had been affected by an error of law, specifically concerning the proper construction of the character test provisions.

McHugh and Heydon JJ considered the principles of administrative law, particularly the requirement for a decision-maker to have genuine satisfaction based on reasonable grounds. Their Honours analysed the evidence before the Minister and the reasons provided for the cancellation decisions. They concluded that the Minister's satisfaction that the applicants did not pass the character test was not based on reasonable grounds, as the material before the Minister did not support the conclusions reached. The court applied the principles established in cases concerning the exercise of discretionary powers under the *Migration Act*, emphasizing that such powers must be exercised in accordance with the statutory preconditions.

The High Court granted special leave to appeal, allowed the appeal, and set aside the orders of the Full Federal Court. The court remitted the applications for visas to the Federal Court for determination according to law.