Foster and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

The applicant, Foster, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse his visa application on character grounds. The Minister's decision was based on a foreign conviction for a crime of a sexual nature against a child, for which Foster had been sentenced to a term of imprisonment exceeding 12 months. The Administrative Appeals Tribunal had affirmed the Minister's decision. The matter came before Deputy President Dragovic of the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether section 501(7)(c) of the *Migration Act 1958* (Cth) applied to a sentence imposed by a foreign court. This section mandates the refusal of a visa if the applicant has been sentenced to a term of imprisonment of more than 12 months. Foster also raised allegations of corruption within the foreign judicial system that imposed the sentence.

Deputy President Dragovic held that section 501(7)(c) of the *Migration Act* applies to sentences imposed by foreign courts, not just Australian courts. The Court reasoned that the plain language of the provision does not limit its application to domestic sentences and that to interpret it otherwise would undermine the purpose of the character provisions in the Act. The Court found that the allegations of corruption in the foreign judicial system were not a relevant consideration for the purpose of determining the application of section 501(7)(c), as the focus of that provision is on the fact of the conviction and the length of the sentence, not the fairness of the foreign legal process.

The application for judicial review was dismissed.