Recent Cases

Mailau v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCAFC 12 (17 February 2023) (Charlesworth, Colvin and Halley JJ)


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.