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

The matter before the court was an appeal against the dismissal of an application for judicial review of a migration decision. The visa of Mr Mailau was cancelled on character grounds, and the Administrative Appeals Tribunal affirmed a decision not to revoke the cancellation. Mr Mailau sought to challenge the Tribunal's decision on the basis of legal unreasonableness, arguing that the Tribunal failed to apply the Briginshaw standard when resolving a contradiction in the evidence of his mother and sister. The court had to determine whether the Tribunal's failure to apply the Briginshaw standard amounted to legal unreasonableness or jurisdictional error.

The court found that the appeal was limited to the claim of legal unreasonableness. It noted that the Briginshaw principles are relevant in administrative decision-making, but their application depends on the circumstances of each case. The court held that the Tribunal was not legally unreasonable in failing to apply the Briginshaw standard, as the evidence of the sister did not contradict the mother's evidence in a material way. The court also found that the Tribunal's decision was not affected by the absence of the mother's evidence at the second hearing, as the evidence was received into the record and considered by the Tribunal.

The appeal was dismissed, and the parties were required to file written submissions on the question of costs. The court determined the question of costs on the papers.