Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 12

Federal Court of Australia

Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 12 Appeal from: Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 610

File number: ACD 25 of 2022

Judgment of: CHARLESWORTH, COLVIN AND HALLEY JJ

Date of judgment: 17 February 2023

Catchwords: MIGRATION - appeal from dismissal of orders dismissing application for judicial review of a migration decision – visa cancelled on character grounds – Administrative Appeals Tribunal affirming a decision not to revoke the cancellation – application of the standard of satisfaction discussed in Briginshaw v Briginshaw (1938) 60 CLR 336 to administrative decision-making – whether failure to comply would constitute legal unreasonableness – whether failure to comply would otherwise constitute jurisdictional error.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43 Evidence Act 1995 (Cth) s 140 Migration Act 1958 (Cth) ss 13, 14, 198, 200, 474, 499, 500, 501, 501CA Marriage Act 1928 (Vic) s 80

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Briginshaw v Briginshaw (1938) 60 CLR 336 Coulton v Holcombe (1986) 162 CLR 1 Craig v South Australia (1995) 184 CLR 163 Han v Minister for Home Affairs [2019] FCA 331 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Iyer v Minister for Immigration and Multicultural Affairs [2000] FCA 1788 Kostas v HIA Insurance Services Pty Ltd t/as Home Owners Warranty (2010) 241 CLR 390 Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 610 Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2020] AATA 1506 Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1224 MBJY v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 284 FCR 152 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZSRS (2014) 309 ALR 67 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 207 ALR 12 Murad v Assistant Minister for Immigration and Border Protection (2017) 250 FCR 510 MZAPC v Minister for Immigration and Border Protection (2021) 390 ALR 590 O'Brien v Komesaroff (1982) 150 CLR 310 Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17 Raibevu v Minister for Home Affairs [2020] FCAFC 35 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555 Sun v Minister for Immigration and Border Protection (2016) 243 FCR 220 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZQYM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 779 Tarrant v Australian Securities and Investments Commission (2015) 317 ALR 328 TCL Airconditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd (2014) 232 FCR 361 VUAX v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 238 FCR 588