Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 89 (18 May 2022) (Markovic, Thawley and Cheeseman JJ)


Catchwords:


MIGRATION – appeal from decision of primary judge to grant application for judicial review of Administrative Appeals Tribunal’s decision to affirm a decision of a delegate of the Minister not to revoke a mandatory visa cancellation – whether finding about health and rehabilitation services in Canada required evidence – whether no evidentiary material identified in support of a finding – whether the principles as to fact finding for the purposes of s 501CA articulated in Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 apply to Tribunal – Viane includes statements of general principle of relevance to the Tribunal’s statutory task – appeal allowed