WVJB v Minister for Immigration, Citizenship and Multicultural Affairs

In the case of WVJB v Minister for Immigration, Citizenship and Multicultural Affairs, the applicant sought judicial review of the Minister’s decision not to revoke the cancellation of his visa under the Migration Act 1958 (Cth). The visa had been cancelled due to the applicant’s imprisonment, as required by section 501(3A) of the Act. The central issue before the court was whether the Minister’s decision not to revoke the visa cancellation was lawful, particularly considering the Minister’s reference to the “expectations of the Australian community” in making this decision. This reference was made in accordance with Direction 99, which outlined the factors decision-makers should consider when revoking a visa cancellation under section 501CA(4) of the Act.

The court examined whether Direction 99, which included the consideration of the expectations of the Australian community, constituted an unlawful constraint on the Minister’s discretion. It was also considered whether the decision-making process failed to appropriately weigh the submissions related to the significance of these community expectations. The court held that Direction 99 did not impose an unlawful limitation on the exercise of the Minister's discretion. Furthermore, the Minister had correctly considered the expectations of the Australian community, as articulated in Direction 99, in reaching the decision not to revoke the visa cancellation.

Consequently, the court dismissed the application for judicial review, ruling that the Minister's decision was lawful. The applicant was ordered to pay the Minister's costs of the application, as per the court's Costs Practice Note. This decision underscores the importance of adhering to ministerial directions in the exercise of discretionary powers under the Migration Act.