Azevedo and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by Mr Azevedo (the applicant) against the Minister for Immigration, Citizenship and Multicultural Affairs (the respondent) regarding the mandatory cancellation of the applicant's visa. The dispute arose from the respondent's decision to cancel the applicant's visa, which the applicant sought to have revoked. The decision was made by Senior Member R Cameron of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the decision to cancel the applicant's visa was legally valid, and consequently, whether the Tribunal had jurisdiction to review the decision not to revoke the cancellation. This issue was significantly influenced by the Federal Court of Australia's decision in *Pearson v Minister for Home Affairs* [2022] FCAFC 203.

The Tribunal reasoned that, by reason of the application of *Pearson*, the respondent accepted that the decision cancelling the applicant's visa was invalid. Consequently, the applicant's visa was considered to have remained in full force and effect at all times, and the applicant was released from immigration detention. As a result of the invalidity of the cancellation decision, the Tribunal concluded that the decision was not reviewable by the Tribunal, agreeing with the respondent's contention that the Tribunal lacked jurisdiction. The applicant also agreed to the dismissal of the application.

Therefore, the Tribunal dismissed the application pursuant to section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the grounds that it had no jurisdiction to entertain the matter.