Manebona v Minister for Immigration, Citizenship and Multicultural Affairs

In the case of Manebona v Minister for Immigration, Citizenship and Multicultural Affairs, the applicant sought judicial review of the decision by the Tribunal to affirm the delegate's decision not to revoke the cancellation of his visa on character grounds. The central issue in the case was whether the Tribunal had misapplied a direction it was bound to follow, overlooked material evidence, or failed to consider relevant information that satisfied the threshold of materiality. The applicant argued that the Tribunal had erred in not taking into account the ex-partner’s (JW) evolving views on the applicant’s visa revocation, which were detailed in her statements and affidavits.

The court examined whether the Tribunal had indeed overlooked material evidence by not considering JW’s later statements and affidavits that indicated her continued support for the applicant remaining in Australia. The court noted that although the Tribunal referenced previous judgments, it repeatedly stated that the most recent evidence from JW dated from January 2021. The Tribunal's failure to mention JW’s more recent evidence from December 2021 and May 2022 led the court to conclude that the Tribunal had overlooked this material. This oversight was significant enough to influence the Tribunal's decision, thus constituting a material error.

The court found that the Tribunal’s failure to consider the relevant material was a jurisdictional error. Consequently, the Tribunal's decision was set aside, and the matter was remitted to the Tribunal for reconsideration. The Minister was ordered to pay the applicant’s costs. This outcome highlights the importance of the Tribunal thoroughly considering all relevant material when making decisions on visa cancellations based on character grounds.