Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132 (16 August 2019) (Mortimer, Moshinsky and Wheelahan JJ)


Catchwords:


MIGRATION – mandatory cancellation of visa on character grounds under s 501(3A) of the Migration Act 1958 (Cth) – where representations made seeking revocation of the cancellation decision – where Assistant Minister decided not to revoke the cancellation decision – where Assistant Minister found that there existed a likelihood that the respondent would re-offend and, accordingly, that he represented an unacceptable risk of harm to the Australian community – where primary judge found that there was no evidence to support these findings – whether primary judge erred in so finding