Nystrom v Minister for Immigration and Multicultural and Indigenous Affairs

In Nystrom v Minister for Immigration and Multicultural and Indigenous Affairs, the appellant, Nystrom, challenged the decision of the Minister for Immigration & Multicultural & Indigenous Affairs to cancel his Transitional (Permanent) Visa, arguing that the decision was infected by jurisdictional error because it failed to consider his Absorbed Person Visa. The court was required to determine whether the Minister's failure to consider the Absorbed Person Visa constituted a jurisdictional error that rendered the decision invalid. The court also had to consider whether the Minister's decision to cancel the Transitional (Permanent) Visa was valid under the Migration Act 1958 (Cth).

The Federal Court held that the Minister's decision to cancel Nystrom's Transitional (Permanent) Visa was valid and that the court could not interfere with it under s 474 of the Migration Act 1958 (Cth). However, the court found that the Minister's decision did not consider Nystrom's Absorbed Person Visa, which was a jurisdictional error. The court held that the Minister's failure to consider the Absorbed Person Visa rendered the decision to cancel the Transitional (Permanent) Visa invalid. The court set aside the decision and remitted the matter to the Minister for reconsideration according to law. The court also ordered that Nystrom be released from immigration detention and that the Minister pay his costs.