Shen v Minister for Home Affairs and Anor (No.2)

Shen (the applicant) sought judicial review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the Minister for Home Affairs' (the respondent) decision to cancel her Partner visa. The applicant contended that the Tribunal had committed jurisdictional error in its consideration of her case.

The primary legal issues before the Court were whether section 359A of the *Migration Act 1958* (Cth) applied to information contained within documents covered by a certificate issued under section 375A of the Act, even where that information was not specifically identified within the certificate. Further, the Court considered whether the section 375A certificate was invalid, and whether the Tribunal had taken into account the relationship between the applicant and her child when determining whether the Partner visa should be cancelled.

Justice Manousaridis found that section 359A of the Act did not apply to information contained in documents covered by a section 375A certificate unless that information was identified in the certificate. His Honour also determined that the section 375A certificate was not invalid. Crucially, the Court held that the Tribunal had not taken into account the relationship between the applicant and her child in its decision-making process regarding the cancellation of the Partner visa. Consequently, no jurisdictional error was established.