The Court granted summary judgment for the Minister, holding that a claim for damages based on an alleged error by a ministerial delegate in cancelling a visa under s 501(3A) of the Migration Act disclosed no viable cause of action, as a mere error by an administrative decision-maker does not ground an action in damages. The Court confirmed, applying Price v Minister of Immigration (2023) 301 FCR 484 and Brown v Minister for Immigration (2010) 183 FCR 113, that whether a person has been 'sentenced to a term of imprisonment of 12 months or more' under s 501(7)(c) is determined by reference to the sentence imposed, not the period actually served or the manner of service.
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