Navoto v Minister for Home Affairs [2019] FCAFC 135 (19 August 2019) (Middleton, Moshinsky and Anderson JJ)


Catchwords:


MIGRATION – appeal from decision of Federal Court of Australia dismissing application for judicial review of exercise of power by Assistant Minister for Home Affairs under s 501CA(4) of the Migration Act 1958 (Cth) – where Assistant Minister decided not to revoke cancellation of appellant’s visa – whether Assistant Minister’s finding that appropriate treatment and medication for the appellant’s depression and anxiety was likely to be available in Fiji was supported by evidence – even if that finding was not supported by evidence, whether that was a jurisdictional error – whether the Assistant Minister gave appropriate consideration to the appellant’s lack of ties or support in Fiji, including the threat of homelessness

Held: appeal dismissed – even if Assistant Minister’s finding was not supported by evidence, this did not amount to a jurisdictional error – Assistant Minister gave appropriate consideration to the appellant’s lack of ties or support in Fiji