Da Costa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1045

Federal Court of Australia

Da Costa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1045 File number: NSD 438 of 2021

Judgment of: STEWART J

Date of judgment: 31 August 2021

Catchwords: MIGRATION – where applicant's visa was cancelled under s 501(3A) of the Migration Act 1958 (Cth) – where applicant had been convicted of indecent assault and sentenced to more than 12 months' imprisonment – where applicant sought revocation of the cancellation and the Minister personally refused revocation under s 501CA(4) – whether there was "another reason" not to revoke the cancellation of the visa – where applicant's risk of reoffending was assessed as low – whether Minister's intolerance for even low risk of reoffending denied the applicant the possibility of a successful outcome – where applicant has a minor child and a minor stepchild in Australia and is married to an Australian citizen – countervailing factors – application dismissed

Legislation: Migration Act 1958 (Cth) ss 501(3A), 501(7)(c), 501CA(4), 501F

Cases cited: Ali v Minister for Home Affairs [2020] FCAFC 109; 278 FCR 627 EGH19 v Minister for Home Affairs (No 2) [2021] FCA 903 EHF17 v Minister for Immigration and Border Protection [2019] FCA 1681; 272 FCR 409 Minister for Immigration & Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Sabado v Minister for Home Affairs [2020] FCA 458 Singh v Minister for Home Affairs [2020] FCAFC 7; 274 FCR 506 Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 165; 280 FCR 559