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

The Administrative Appeals Tribunal considered the jurisdiction of the Tribunal to hear an application by QBQS concerning the mandatory cancellation of his visa by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute arose from the Minister's decision to cancel QBQS's visa, with the Applicant arguing that he no longer possessed a substantial criminal record, which was the basis for the cancellation.

The primary legal issue before the Tribunal was whether it retained jurisdiction to continue the application for review, notwithstanding the Applicant's assertion that his criminal record no longer met the threshold for mandatory cancellation. This question was considered in light of the convictions that formed the basis of the Minister's decision, which involved sexual offences against a child.

The Tribunal reasoned that the Minister's failure to specifically refer to section 501(6)(e) of the relevant Act in the notice of cancellation was immaterial and did not prejudice the Applicant's understanding of the reasons for the visa cancellation. Applying the principles established in *Pearson v Minister for Home Affairs* [2022] FCAFC 203, the Tribunal found that it had jurisdiction to proceed with the application. The Tribunal noted that while a subsequent amendment to the law would have rendered this jurisdictional question moot, its decision was based on the legal position at the time of the hearing.