appeal from dismissal of application for judicial review
mandatory cancellation of visa under s 501(3A) of the Migration Act 1958 (Cth)
decision not to revoke cancellation under s 501CA(4)
Quick Take
1Delay in providing tribunal reasons after a decision has been made does not, without more, establish procedural unfairness in the making of that decision; the appellant must demonstrate that the delay caused practical injustice that was not capable of being remedied by facilitative procedural orders.
2An appellant alleging procedural unfairness before a primary judge bears the onus of establishing the factual premise of the denial; where no transcript is tendered, the absence of a recorded explanation in the reasons does not establish that no explanation was given.
3A complaint that a tribunal failed to give sufficient weight to family hardship relative to community protection, where the tribunal expressly considered and weighed those matters, is an invitation to merits review and does not establish legal unreasonableness.
