Federal Court of Australia 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.
The
original plaintext version
of this file is available via
ftp.
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Rules Against Irving