Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2023] FCAFC 12

Full Court of the Federal Court17 February 2023

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Interrogate

Catchwords

1. MIGRATION - appeal from dismissal of orders dismissing application for judicial review of a migration decision
1. visa cancelled on character grounds
1. Administrative Appeals Tribunal affirming a decision not to revoke the cancellation
1. application of the standard of satisfaction discussed in Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 to administrative decision-making

Quick Take

Arguments challenging AAT decisions in visa cancellation cases on evidentiary grounds cannot succeed under Briginshaw as a standalone jurisdictional error; they must be framed within the legal unreasonableness framework and must demonstrate that the impugned finding vitiates the overall decision.