Ahmadzai (Migration)

The Federal Court of Australia heard an appeal by Mr. Ahmadzai against a decision of the Administrative Appeals Tribunal (AAT) affirming the Minister's decision to cancel his Refugee and Humanitarian (Class XB) visa, subclass 204 (Woman at risk). The visa had been granted on the basis that Mr. Ahmadzai was single, formally engaged, and lacked effective male protection. The cancellation was based on the Minister's finding that Mr. Ahmadzai had provided incorrect information regarding his marital status and engagement at the time of his visa application.

The primary legal issue before the Court was whether the AAT had erred in law by failing to adequately consider and assess the evidence relating to Mr. Ahmadzai's marital status and engagement, and whether the AAT's conclusion that he had provided incorrect information was reasonably open to it on the evidence. Specifically, the Court had to determine if the AAT had properly applied the principles of statutory interpretation and evidentiary assessment in relation to the grounds for cancellation under the *Migration Act 1958* (Cth).

Justice Baker found that the AAT had made a jurisdictional error by failing to properly engage with the evidence concerning Mr. Ahmadzai's marital status and engagement. The AAT had accepted the Minister's assertion of incorrect information without adequately scrutinising the evidence presented by Mr. Ahmadzai, which included testimony and documentation suggesting he was single and not formally engaged at the relevant time. The Court held that the AAT's reasoning was flawed because it did not undertake a fresh assessment of the facts but rather relied on the Minister's adverse findings without sufficient justification, thereby failing to provide adequate reasons for its decision.

The Court ordered that the AAT's decision be set aside and remitted to the AAT for redetermination according to law.