Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v. Viane

Lower Court Judgment

24/08/2020 Federal Court of Australia (Besanko, Kerr & Charlesworth JJ)

[2020] FCAFC 144

Catchwords

Migration law – Judicial review – No evidence – Where respondent’s visa mandatorily cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations pursuant to s 501CA as to why cancellation should be revoked – Where, if visa cancellation not revoked, respondent and family would be removed to Samoa or American Samoa – Where Minister decided not to revoke cancellation decision – Where respondent unsuccessfully appealed to Federal Court and successfully appealed to Full Court – Whether Minister made factual findings regarding language and availability of welfare and social services in Samoa and American Samoa without evidence – Whether Minister made factual findings based on personal or specialised knowledge about Samoa or American Samoa – If not, whether errors material and jurisdictional.