Navoto v Minister for Home Affairs

Navoto, an appellant, brought an appeal against the Minister for Home Affairs after the Federal Court dismissed his application for judicial review of the Assistant Minister’s exercise of power under section 501CA(4) of the Migration Act 1958 (Cth). The Assistant Minister had decided not to revoke the cancellation of the appellant’s visa. The court had to decide whether the Assistant Minister’s finding that appropriate treatment and medication for the appellant’s depression and anxiety was likely to be available in Fiji was supported by evidence, and whether that finding, even if not supported by evidence, was a jurisdictional error. The court also had to determine whether the Assistant Minister gave appropriate consideration to the appellant’s lack of ties or support in Fiji, including the threat of homelessness.

The court found that the Assistant Minister’s finding that appropriate treatment and medication for the appellant’s depression and anxiety was likely to be available in Fiji was not supported by evidence, but that this did not constitute a jurisdictional error. The court also found that the Assistant Minister did not give appropriate consideration to the appellant’s lack of ties or support in Fiji, including the threat of homelessness. The court found that the appellant had expressed concerns about his imminent return to Fiji, including not having anyone or anything to live for and not being able to see his children or having physical contact with them. The court found that the Assistant Minister had not given appropriate consideration to these concerns.

The court dismissed the appeal and ordered the appellant to pay the Minister’s costs of and incidental to the appeal.