Judicial review granted; immigration officer failed to explain finding of misrepresentation despite applicant's stated belief of paternity.
The principal applicant and his family applied for permanent residence.
DNA tests revealed he was not the biological father of his eldest child, contrary to his application documents.
An immigration officer refused the application on the basis of misrepresentation and lack of truthfulness.
On judicial review, the Federal Court held that the officer failed to meaningfully engage with the applicant's explanation that he had genuinely believed he was the father and was unaware of his non-biological relationship at the time of application.
The decision was set aside as unreasonable and the matter remitted for redetermination.
Judicial review of exclusion order dismissed; no breach of procedural fairness regarding interpretation.
The applicant, a citizen of Kosovo, sought judicial review of an exclusion order issued by a Minister's delegate.
The delegate found she intended to establish herself permanently without proper documentation, as she had enrolled her children in school, sought employment, and had a one-way ticket.
The applicant argued procedural fairness was breached due to a lack of a capable interpreter.
The Federal Court dismissed the application, noting she confirmed understanding the interpreter, never mentioned difficulties, and demonstrated English proficiency.
The Court held the decision was reasonable.
