Dirichukwu Patrick Nweke v Minister for Immigration, Multicultural Affairs and Citizenship

[2013] HCASL 204

DIRICHUKWU PATRICK NWEKE

v

MINISTER FOR IMMIGRATION, MULTICULTURAL AFFAIRS AND CITIZENSHIP

[2013] HCASL 204
S159/2013

1. The applicant is a citizen of Nigeria. He has four children, who are Australian citizens. On 11 April 2003, he was granted a permanent residence visa as the spouse of an Australian citizen. In 2007, the applicant was convicted of a drug importation offence and sentenced to 10 years' imprisonment. On 12 December 2012, the respondent cancelled the applicant's visa pursuant to s 501A(2) of the Migration Act 1958 (Cth) ("the Act") on the basis that he did not satisfy the character test, and the cancellation of the visa was in the national interest.

2. On 17 May 2013, the Federal Court of Australia (Cowdroy J) dismissed an application to quash the respondent's decision of 12 December 2012, with costs.  Cowdroy J rejected the applicant's grounds of appeal, including a contention that the respondent had failed to take into account provisions of international conventions relating to family units.  There was no inconsistency between the respondent's decision and the provisions invoked by the applicant.

3. On 19 July 2013, the Full Court of the Federal Court (Allsop CJ, Flick and Robertson JJ) dismissed the applicant's appeal, with costs. The Full Court held that the respondent had treated the interests of the applicant's children as a primary consideration in exercising his power under s 501A(2) of the Act. The respondent thus did not err, either by applying the wrong test or by denying the applicant procedural fairness.

4. The applicant requires an extension of time in which to file his application for special leave to appeal to this Court.  The application presses grounds raised and rejected below, and renews arguments concerning international conventions not raised in the Full Court.  An appeal to this Court would have insufficient prospects of success to warrant the grant of leave.  The extension of time should be refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 December 2013 P.A. Keane