The Migration Department and courts cannot give refusals or make determinations based essentially on substantial copying from previous decisions or generic paraphrasing.
Many Applicants have encountered this.
Each matter must be considered on their own facts and merits.
A decision maker must consider all the facts and circumstances of an application or hearing and provide a decision which must be unique to that case.
Maazuddin v Minister for Immigration and Multicultural Affairs was a recent case decided by the Federal Circuit and family court of Australia in 2024, regarding the cancellation of a student visa, where this principle was applied. This culminated in the Administrative Review Tribunal decision being set aside.
The current leading authority is the judgement of the Full Court of the Federal Court in MZZZW v Minister for Immigration and Border Protection in 2015.
If you believe you have received a decision from the Department or at a hearing which is or resembles copying or appears generic we suggest you provide the decision to us for review.
