Salama v Minister for Immigration and Border Protection [2017] FCA 2

FEDERAL COURT OF AUSTRALIA

Salama v Minister for Immigration and Border Protection [2017] FCA 2 Appeal from: Salama v Minister for Immigration & Anor [2016] FCCA 540

File number: NSD 481 of 2016

Judge: PERRY J

Date of judgment: 9 January 2017

Catchwords: MIGRATION – cancellation of visa under s 109 of the Migration Act 1958 (Cth) – online visa application form - where appellant answered "divorced" to question as to relationship status - whether Tribunal erred in considering whether the appellant's answer was "incorrect" within the meaning of s 101 – whether answer of "married" on online visa application form refers to marriage legally recognised under Australian law – where Tribunal made findings as to what was the most correct answer but no finding as to whether the answer was "incorrect" – where finding that answer was "at least misleading" or technically correct does not equate to finding it is incorrect - appeal allowed.

Legislation: Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 27 Marriage Act 1961 (Cth) s 88D Migration Amendment (Border Integrity) Act 2007 (Cth) Migration Act 1958 (Cth) s 97, 100, 101, 104, 107, 108 and 109 Migration Reform Act 1992 (Cth) Migration Regulations 1994 (Cth) reg 1.03, 1.18, 2.07, Schedule 1, Schedule 2 Explanatory Memorandum to the Migration Reform Bill 1992

Cases cited: Sandoval v Minister for Immigration and Multicultural Affairs [2001] FCA 1237; (2001) 194 ALR 71 SHJB v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 303; (2003) 134 FCR 43 Sun v Minister for Immigration and Border Protection [2016] FCAFC 52