Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane

HIGH COURT OF AUSTRALIAKEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJMINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS  APPELLANTANDALEX VIANE  RESPONDENTMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane[2021] HCA 41Date of Hearing: 9 September 2021Date of Judgment: 8 December 2021S34/2021ORDER1.Appeal allowed. 2.Set aside orders 4 and 5 of the orders made by the Full Court of the Federal Court of Australia on 24 August 2020 and, in their place, order that:(a)order 2 of the orders made by the Federal Court of Australia on 20 February 2020 be set aside and, in its place, order that the respondent pay the applicant's costs of the proceeding as agreed or taxed; and(b)the appeal be otherwise dismissed. 3.The appellant pay the reasonable costs of the respondent in this Court.On appeal from the Federal Court of AustraliaRepresentationG R Kennett SC with R S Francois for the appellant (instructed by Sparke Helmore Lawyers)C L Lenehan SC with J D Donnelly and K P Tang for the respondent (instructed by Scott Calnan Lawyer)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v VianeImmigration – 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...