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

This matter concerned an application for review of a delegate's decision to refuse to revoke the mandatory cancellation of the applicant's Bridging E visa. The applicant, Mr Nyieker, a South Sudanese national, had his visa cancelled due to having a substantial criminal record. The Administrative Appeals Tribunal (AAT) was required to consider whether there was "another reason" to revoke the cancellation under section 501CA(4)(b)(ii) of the *Migration Act 1958* (Cth), taking into account Ministerial Direction No. 90.

The primary legal issues before the Tribunal were whether the applicant was a national of South Sudan, and if so, whether this, along with other considerations, constituted "another reason" to revoke the visa cancellation. The Tribunal specifically examined the applicant's entitlement to South Sudanese citizenship based on his mother's birthplace and his identification with indigenous ethnic communities of South Sudan, as well as the definition of a stateless person under international law. The Tribunal also had to weigh the primary considerations, such as the protection of the Australian community, against other considerations, including the applicant's international non-refoulement obligations and his links to Australia.

The Tribunal found that the applicant was entitled to South Sudanese citizenship by operation of South Sudanese law, as his mother was born in what is now South Sudan and he belonged to indigenous ethnic communities. Consequently, the Tribunal was satisfied that the applicant was not a stateless person. Despite acknowledging the applicant's arguments regarding the process of obtaining citizenship documentation, the Tribunal concluded that the evidence did not satisfy it that there was "another reason" to revoke the mandatory cancellation of the visa, when considering all relevant factors under Ministerial Direction No. 90.

Accordingly, the Tribunal affirmed the decision under review, meaning the cancellation of Mr Nyieker's visa was upheld.