WATI v Minister for Immigration and Ethnic Affairs

The applicant, Grace Pushpa Wati, sought judicial review of a decision by the Immigration Review Tribunal (IRT) to affirm a decision of the Minister for Immigration and Ethnic Affairs to cancel her visas. The Minister's delegate had decided to cancel the visas on the ground that Ms Wati had given false information in her visa application. Ms Wati applied for review of the IRT's decision on the ground, inter alia, that the decision was induced or affected by fraud within s 476(1)(f) of the Migration Act 1958. The court held that the fraud referred to in the section was not limited to the fraud of the decision-maker or a party or a party's representative. The court also held that the section required proof that the decision was in fact induced or affected by fraud. The court found that the evidence did not establish that the IRT's decision was induced or affected by the fraud of any person. The court dismissed the application with costs.