Recent Cases

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane [2021] HCA 41 (08 December 2021) (Keane, Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Immigration – Visas – Cancellation of visa – Revocation of cancellation – Where respondent’s temporary visa cancelled under s 501(3A) of Migration Act 1958 (Cth) – Where respondent made representations seeking revocation of cancellation decision under s 501CA(4) – Where representations included bare assertions about conditions in American Samoa – Where Minister decided there was not “another reason” to revoke cancellation decision under s 501CA(4)(b)(ii) – Where Minister made findings about conditions in American Samoa and Samoa – Where it was common ground no evidentiary material to support Minister’s findings – Whether Minister always obliged to make findings of fact in response to representations received – Whether Minister’s findings relating to hardship respondent’s family would face if visa cancellation decision not revoked were open – Whether Minister entitled to rely on personal or specialised knowledge, or commonly accepted knowledge, in making findings about conditions in American Samoa and Samoa – Whether as matter of procedural fairness Minister required to disclose personal or specialised knowledge and invite submissions from applicant about that knowledge before making findings.

Words and phrases – “another reason”, “bare assertions”, “commonly accepted knowledge”, “conditions in American Samoa or Samoa”, “hardship”, “Minister’s personal or specialised knowledge”, “no evidence”, “personal knowledge”, “reasons for decision”, “removal to American Samoa”, “representations about revocation”, “specialised knowledge”, “visa cancellation”.