Wickramasinghe Rathnayake Mudiyanselage (Migration)

The applicant, Wickramasinghe Rathnayake Mudiyanselage, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to cancel their Student (Temporary) (Class TU) Subclass 573 visa. The cancellation was based on the applicant posing a risk to the health, safety, or good order of the Australian community, specifically due to allegations of threats to kill and the issuance of a Personal Safety Intervention Order (PSIO) in favour of a friend.

The primary legal issue before the Federal Circuit Court was whether the delegate's decision to cancel the applicant's visa was affected by jurisdictional error. This required the court to determine if the delegate had reasonably apprehended that the applicant posed a risk to the health or safety of an individual, as contemplated by the relevant provisions of the *Migration Act 1958* (Cth) and associated regulations.

The court found that the delegate had erred in their assessment of the risk. While acknowledging the initial issuance of the PSIO, the court noted that the evidence before the delegate indicated that the friendship between the applicant and the complainant had resumed, and the PSIO had been discharged. Consequently, the delegate's conclusion that the applicant continued to pose a risk to the health and safety of the individual was not reasonably open on the evidence. The court reasoned that the delegate failed to give sufficient weight to the subsequent developments that mitigated the perceived risk.

The court set aside the delegate's decision to cancel the applicant's visa and remitted the matter to the Minister for reconsideration according to law.