The Nizkor Project: Remembering the Holocaust (Shoah)

Federal Court of Australia
Rules Against Irving

Second Decision - Ground 4 (No Evidence)

Next the applicant contended that there was no evidence or other material within the meaning of ss.5(1)(h) and 5(3) of the ADJR Act to justify the respondent's decision to refuse Mr. Irving a visa on the grounds that he was not of good character having regard to his "general conduct" within the meaning of s.180A(2)(a)(ii) having regard to all or any of the following considerations:

(a) Immigration Adjudicator Thompson's adverse findings;

(b) Mitchell J's adverse findings;

(c) the Canadian deportation;

(d) the exclusion from Germany.

Alternatively, the decision, so it was contended, was an improper exercise of the power within the meaning of s.5(1)(a) and 5(2)(g) of the ADJR Act in that the exercise of the power was said to be so unreasonable that no reasonable person could have so exercised it.

These complaints mirror the complaints made under Grounds 4 and 5 against the first decision and for the reasons which I have given above in respect of those complaints I reject them in respect to the second decision.

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