Recent Cases

Lewer v Minister for Home Affairs [2023] FCAFC 121 (04 August 2023) (Nicholas, O’Callaghan and McElwaine JJ)


MIGRATION – appeal from a decision of the primary judge refusing the appellant’s application for review of a visa cancellation pursuant to s 476A of the Migration Act 1958 (Cth) (Act) – where appellant’s visa was cancelled pursuant to s 501(3)(b) of the Act on the basis that the appellant does not pass the character test – where Minister decided cancellation of the appellant’s visa was in the national interest – where Minister relied upon report of Victoria Police – whether open to the Minister to find appellant’s involvement in serious criminal conduct in the absence of proof of conviction – whether primary judge erred in failing to find the Minister’s decision was affected by jurisdictional error – whether primary judge erred by failing to find that the Minister had made a material legal error in finding that the appellant had been convicted of firearms offences in 1997 and 2016 – no error found – appeal dismissed