Lincoln v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 346

Federal Court of Australia

Lincoln v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 346 File number: QUD 95 of 2020

Judgment of: COLLIER J

Date of judgment: 14 April 2021

Catchwords: MIGRATION – review of Minister's decision – New Zealand citizen – Class TY (subclass 444) visa – where visa cancelled mandatorily for applicant failing character test – s 501CA(4) Migration Act 1958 (Cth) – whether Minister had regard to four media articles – HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 discussed – application dismissed with costs

Legislation: Migration Act 1958 (Cth) – 501CA Direction No. 79 – "Visa refusal and cancellation under s 501 and revocation of a mandatory cancellation of a visa under s501CA"

Cases cited: HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 49

Date of hearing: 16 July 2020

Solicitor for the Applicant: Mr J McComber of Sentry Law

Solicitor for the Respondent: Mr M Hawker of Sparke Helmore

ORDERS QUD 95 of 2020

BETWEEN: ZANE TRAY LINCOLN Applicant

AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS Respondent

order made by: COLLIER J DATE OF ORDER: 14 April 2021

THE COURT ORDERS THAT:

1. The originating application filed on 10 May 2020 be dismissed. 2. The applicant pay the costs of the respondent fixed in the amount of $5,000.00 Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.