SZEET v MIMIA

The High Court of Australia heard an appeal in *SZEET v MIMIA*. The dispute concerned the interpretation of a provision within the *Migration Act 1958* (Cth) relating to the cancellation of a visa. The appellant, Mr Szeet, sought to challenge the decision of the Minister for Immigration and Multicultural and Indigenous Affairs to cancel his visa.

The central legal issue before the High Court was whether the Minister had the power to cancel Mr Szeet's visa under section 501(2) of the *Migration Act 1958* (Cth) on the grounds that he did not pass the character test. This required the Court to consider the scope of the Minister's discretion and the circumstances under which a person could be deemed not to pass the character test.

The High Court analysed the language of section 501(2) and relevant case law. Their Honours determined that the Minister's power to cancel a visa under this section was engaged if the person concerned did not pass the character test, irrespective of whether the Minister had formed a subjective opinion about the person's character. The Court emphasised that the objective criteria set out in the character test provisions were determinative.

The appeal was dismissed.