Can AAT consider dob ins?
Federal Court (Full Court): 'it will not always be illogical or irrational to place “some weight” on anonymous information'
s 116(1)(e): reaction by the Australian community
Federal Circuit Court: for the purposes of cancellation under s 116(1)(e), the risk to the good order of the Australian community included risk caused by actions of members of that community; those members needed not be reasonable nor identified
s 501CA(3): who can notify of cancellation?
Federal Court: the effect of s 497(2) of the Migration Act 1958 was that the person who sent a visa cancellation notification under s 501CA(3) needed not be delegated power under s 496(1) to cancel or notify of cancellation
‘Decision’ to cancel under s 501(3)
Federal Court: 'I do not think that [deciding to cancel a visa under s 501(3) rather than s 501(2)] is a “decision” which is subject to judicial review'
Cancellation revocation: applicant’s conduct as a child
Federal Court: AAT made jurisdictional error by characterising applicant's actions as a 9-year-old as 'offences'
Pitfall: last email address provided to the Minister
Federal Court: the applicant's last email address provided to the Minister for the purposes of receiving documents was the one provided by the AAT
Carer: meaning of ‘2 years’
Federal Circuit Court: the reference to 2 years under reg 1.15AA 'is not linked to “the assistance” but... to the “medical condition”'
Minister should have considered non-citizen’s Aboriginality
Federal Court (Full Court): 'Modern Australian society’s cultural awareness... should be at the very foundation of a decision which affects Aboriginal family and community'
Notification deemed ‘received’; no late AAT applications
Federal Court (Full Court): visa cancellation notification taken to have been received under reg 2.55(8), whether or not actually received; AAT had no discretion to accept late application under the Migration and Refugee Division
Can AAT amend statement of reasons?
Federal Court: Tribunal can correct errors in its written statement of reasons in the General Division, but only if they are 'obvious', immaterial errors