YBVL and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application by YBVL (the applicant) for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs (the respondent) not to revoke the mandatory cancellation of the applicant's Class XA Subclass 866 Protection Visa. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the delegate's decision was correct.

The central legal issue before the Tribunal was whether the delegate's decision to refuse to revoke the mandatory visa cancellation was affected by a jurisdictional error, particularly in light of subsequent Full Court authority. The Tribunal considered the application of the principles established in *Pearson v the Minister for Home Affairs* [2022] FCAFC 203 to the facts of this case.

The Tribunal found that the circumstances of the case were "very nuanced" and that the delegate's decision had been jurisdictionally affected by the Full Court's subsequent identification of an issue with the Tribunal's jurisdiction. Consequently, the Tribunal determined that it was not necessary to undertake a full application of Ministerial Direction 90. The Tribunal concluded that its decision aligned with the objectives of the *Administrative Appeals Tribunal Act 1975* (Cth).

The Tribunal set aside the delegate's decision of 27 September 2022 that the mandatory cancellation of the applicant's visa not be revoked. In substitution, the Tribunal ordered that the cancellation of the applicant's Class XA Subclass 866 Protection Visa be revoked under s 501CA(4) of the *Migration Act 1958* (Cth).