Fetelika v Minister for Home Affairs [2023] FCA 95

Federal Court of Australia

Fetelika v Minister for Home Affairs [2023] FCA 95 File number: NSD 151 of 2021

Judgment of: MURPHY J

Date of judgment: 16 February 2023

Catchwords: MIGRATION – application for judicial review of a decision of the Minister for Home Affairs not to revoke the cancellation of the applicant's visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) – whether, in considering the extent of the applicant's rehabilitation and the risk of him reoffending, the Minister failed to give proper consideration to the 16-month period the applicant had spent living and working in the community prior to his incarceration – application allowed

Legislation: Migration Act 1958 (Cth) ss 501, 501CA

Cases cited: Chamoun v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 66; 276 FCR 75 DNQ18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 72; 275 FCR 517 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; 359 ALR 1 Minister for Immigration and Border Protection v DRP17 [2018] FCAFC 198; 267 FCR 492 Minister for immigration and Border Protection v Maioha [2018] FCAFC 216; 267 FCR 643 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 390 ALR 590 Pearson v Minister for Home Affairs [2022] FCAFC 203 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17; 400 ALR 417 Viane v Minister for Immigration and Border Protection [2018] FCAFC 116; 263 FCR 531