Lewer v Minister for Home Affairs [2022] FCA 456

FEDERAL COURT OF AUSTRALIA

Lewer v Minister for Home Affairs [2022] FCA 456 File number VID 832 of 2020

Judgment of: MURPHY J

Date of judgment: 28 April 2022

Catchwords: MIGRATION – application for an extension of time – relevant principles – application allowed MIGRATION – application for review of decision of the Minister to cancel visa under personal power in s 501(3) of the Migration Act 1958 (Cth) – whether the Minister erred in deciding that cancellation of the applicant's visa is in the national interest – whether the Minister erred in relying on police reports which concerned alleged criminal conduct for which the applicant was not charged or was charged but not convicted – whether no evidence in support of Minister's findings – whether the Minister's decision is legally unreasonable – whether in the circumstances of the case the Minister was empowered to make the visa cancellation decision under s 501(3) – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Criminal Code Act 1995 (Cth) s 301.3(c) Freedom of Information Act 1982 (Cth) Migration Act 1958 (Cth) ss 65, 477A, 501, 501A, 501C Taxation Administration Act 1953 (Cth) Drugs, Poisons and Controlled Substances (Precursor Chemicals) Regulations 2007 (Vic) Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010 (Vic)

Cases cited: Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; 271 FCR 595 Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Australian Postal Corporation v D'Rozario [2014] FCAFC 89; 222 FCR 303 Boucaut Bay Company Ltd (in Liq) v Commonwealth [1927] HCA 59; 40 CLR 98 Buck v Bavone [1976] HCA 24; 135 CLR 110 Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 98 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187; 303 ALR 242 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127; 278 FCR 475 Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; 3 FCR 344 L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 Mentink v Minister for Home Affairs [2013] FCAFC 113 Minister for Home Affairs v Brown [2020] FCAFC 21; 275 FCR 188 Minister for Immigration and Border Protection v Makasa [2021] HCA 1; 386 ALR 200 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 207 ALR 12 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41; 395 ALR 403 Seiler v Minister for Immigration, Local Government and Ethnic Affairs [1994] FCA 12; 48 FCR 83 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 231; 77 ALD 402 Soliman v University of Technology, Sydney [2012] FCAFC 146; 207 FCR 277 SZAPC v Minister for Immigration and Multicultural and Indigenous Affairs [2005] FCA 995 VWBF v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 851; 154 FCR 302