Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144

Federal Court of Australia

Viane v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 144 Appeal from: Viane v Minister for Home Affairs [2020] FCA 152

File number: NSD 301 of 2020

Judgment of: BESANKO, KERR AND CHARLESWORTH JJ

Date of judgment: 24 August 2020

Catchwords: MIGRATION – appeal from judgment dismissing an application for judicial review of a migration decision made under the Migration Act 1958 (Cth) – Minister refusing to revoke a decision to cancel the appellant's visa on character grounds – whether Minister committed jurisdictional error in the exercise of the power conferred by s 501CA(4) of the Act – where Minister made findings of fact concerning the impediments the appellant would face if removed from Australia and relocated to American Samoa or Samoa – whether the Minister made findings concerning social and cultural circumstances in American Samoa or Samoa without objective evidentiary foundation – whether the findings were based on the Minister's personal or specialised knowledge – whether the asserted errors were material and so properly characterised as jurisdictional – whether decision affected by legal unreasonableness – whether Minister failed to genuinely consider the appellant's submissions concerning the expectations of the Australian community – whether the Minister failed to afford procedural fairness

Legislation: Evidence Act 1995 (Cth) s 144 Migration Act 1958 (Cth) ss 474, 501, 501(3A), 501CA

Cases cited: Anaki v Minister for Immigration and Border Protection [2018] FCA 77 DVE18 v Minister for Home Affairs [2020] FCAFC 83 Hands v Minister for Immigration and Border Protection (2018) 267 FCR 628 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Marzano v Minister for Immigration and Border Protection (2017) 250 FCR 548 McLachlan v Assistant Minister for Immigration and Border Protection [2018] FCA 109 Minster for Home Affairs v Omar [2019] FCAFC 188; 373 ALR 569 Minister for Immigration and Border Protection v Maioha (2018) 267 FCR 643 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Muggeridge v Minister for Immigration and Border Protection (2017) 255 FCR 81 Navoto v Minister for Home Affairs [2019] FCAFC 135 Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 Romeo v Asher (1991) 29 FCR 343 Schmidt v Minister for Immigration and Border Protection (2018) 162 ALD 495 SFGB v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 77 ALD 402 Soliman v University of Technology, Sydney (2012) 207 FCR 277 Uelese v Minister for Immigration and Border Protection (2015) 256 CLR 203 Uelese v Minister for Immigration and Border Protection (2016) 248 FCR 296 Viane v Minister for Home Affairs [2020] FCA 152 Viane v Minister for Immigration and Border Protection (2018) 263 FCR 531 Vo v Minister for Home Affairs (2019) 269 FCR 566 Webb v Minister for Home Affairs [2020] FCA 831