Nezovic v Minister for Immigration and Multicultural and Indigenous Affairs (No 3)

The case of Nezovic v Minister for Immigration and Multicultural and Indigenous Affairs (No 3) involved a challenge by Mr Nezovic against the decision of the Minister for Immigration and Multicultural and Indigenous Affairs to cancel his visa on the basis that he had failed the character test. Mr Nezovic contended that there were errors in the Minister's decision-making process and that he had not been given a fair opportunity to respond to the allegations against him. The matter was heard by the Federal Court of Australia.

The primary legal issues before the court were whether there had been a jurisdictional error in the Minister’s decision-making process, and whether Mr Nezovic had been given a fair opportunity to respond to the allegations against him. The court also considered whether the sentence imposed on Mr Nezovic in Yugoslavia could be considered punitive under Australian law and whether his conviction had been expunged. The court needed to determine whether the Minister had properly considered the available materials before reaching a decision.

The court found that the Minister’s decision to cancel Mr Nezovic's visa was flawed because it did not properly consider the materials before it. The court held that the sentence imposed on Mr Nezovic in Yugoslavia was not punitive and that his conviction may have been expunged. The court also found that Mr Nezovic had not been given a fair opportunity to respond to the allegations against him. The court concluded that there had been a jurisdictional error in the Minister’s decision-making process and that the decision should be set aside. The court also ordered the Minister to reconsider the cancellation of Mr Nezovic's visa according to law.

The court made an order in the nature of certiorari setting aside the Minister’s decision to cancel Mr Nezovic's visa, and an order in the nature of mandamus requiring the Minister to reconsider the cancellation of his visa according to law. The Minister was also ordered to pay Mr Nezovic's costs of the application.