KMJM and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

The applicant, KMJM, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel their visa. The matter was heard by Reitano M in the Federal Circuit and Family Court of Australia. The dispute concerned the Minister's decision to cancel the applicant's Global Special Humanitarian (Permanent) visa, which the applicant sought to have revoked.

The court was required to determine whether the delegate's decision to cancel the applicant's visa was lawful and reasonable, particularly in light of the applicant's circumstances, including family violence, the best interests of minor children, international non-refoulement obligations, potential difficulties if relocated to South Sudan, and the applicant's ties to the Australian community.

Reitano M found that while primary considerations generally carry greater weight, in this specific case, other considerations were weightier. The court highlighted the significant human consequences for the children involved, the impact on the applicant's partner who was a victim of the offending, and the personal consequences and likely harm the applicant would suffer if returned to South Sudan. These factors were considered acutely defining reasons for revoking the visa cancellation.

Consequently, Reitano M set aside the delegate's decision and substituted it with a decision revoking the cancellation of the applicant's visa.