Fepuleai v Minister for Home Affairs [2021] FCA 277

Federal Court of Australia

Fepuleai v Minister for Home Affairs [2021] FCA 277 File number(s): VID 689 of 2020

Judgment of: KERR J

Date of judgment: 17 March 2021

Catchwords: MIGRATION – application for review of decision of Minister to cancel a Class TY Subclass 444 Special Category (Temporary) visa – visa cancellation on character grounds – where Minister based much of his decision making upon the content of a Victoria Police report – whether the Minister misunderstood or misconstrued key evidence and, in doing so, misdirected himself in the exercise of his power under s 501(3) of the Migration Act 1958 (Cth) – no jurisdictional error – no more than a derisory chance that a different outcome could have been reached had the Minister dealt with [46] of the Victoria Police report differently – application dismissed

Legislation: Migration Act 1958 (Cth) s 501

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 46

Date of hearing: 17 March 2021

Counsel for the Applicant: Mr A Smorchevsky

Solicitor for the Applicant: Clothier Anderson Immigration Lawyers

Counsel for the Respondent: Ms C Symons

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 689 of 2020

BETWEEN: ANDREW TOVIA FEPULEAI Applicant

AND: MINISTER FOR HOME AFFAIRS Respondent

order made by: KERR J DATE OF ORDER: 17 March 2021

THE COURT ORDERS THAT:

1. The Applicant's Originating Application filed 22 October 2020 be dismissed. 2. The Applicant pay the Respondent's costs as agreed or in default of agreement as assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.