Zekiroski v Minister for Immigration and Multicultural and Indigenous Affairs

The appellant, born in what was then the Socialist Federal Republic of Yugoslavia, has lived in Australia since 1984 and holds a permanent visa. However, his visa was cancelled by the respondent, the Minister for Immigration and Multicultural and Indigenous Affairs, under section 501(2) of the Migration Act 1958 on the basis of his substantial criminal record. The appellant challenged the decision in the Court and the appeal against the dismissal of that application is before the Court. The primary issue before the Court was whether the Minister was obliged to consider whether there were reasons to exercise his discretion not to cancel the appellant’s visa. The Court held that the Minister was not required to consider reasons against cancellation as there was no legal obligation upon him to do so. The Court found that section 501 of the Act provides a clear statutory mechanism for the Minister to follow in determining whether to cancel a visa and that this process is not to be conflated with the exercise of a discretion. The Court held that the Minister was not required to consider reasons against the cancellation of the visa, as there was no legal obligation upon him to do so. The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal.