SZTCQ & Anor v Minister for Immigration & Border Protection & Anor (No.2)

The applicants, SZTCQ and another individual, sought judicial review of decisions made by the Minister for Immigration and Border Protection and another respondent. The core of the dispute concerned the lawfulness of the Minister's decision to refuse to revoke a protection visa granted to the applicants.

The primary legal issue before the court was whether the Minister had a duty to consider revoking the protection visas under s 501(2) of the Migration Act 1958 (Cth) when the applicants had been convicted of certain offences. The court was also required to determine if the Minister's decision not to revoke the visas was affected by jurisdictional error.

Emmett J reasoned that s 501(2) of the Migration Act confers a discretion on the Minister to refuse to grant a visa, or to cancel a visa, if the Minister is satisfied that a person does not pass the character test. However, the court found that the Minister does not have a duty to consider revoking a protection visa under s 501(2) simply because the visa holder has been convicted of an offence. The Minister's power to refuse to grant or to cancel a visa under s 501 is discretionary and does not impose an obligation to act in a particular way in response to a conviction. The court held that the Minister's decision was not affected by jurisdictional error.

The application for judicial review was dismissed.