Background
Ahmed Hussein Mohamedali held a Refugee and Humanitarian (Global Special Humanitarian) Class XB Subclass 202 visa. On 15 July 2025, the Administrative Review Tribunal decided to reinstate that visa.
On 23 December 2025, the Assistant Minister exercised the power in s 501BA of the Migration Act 1958 (Cth) to set aside the Tribunal’s decision and cancel the visa, on the basis of the national interest. Mohamedali sought judicial review in the Federal Court.
The Court’s Holding
The Court extended the time for Mohamedali to file his review application and allowed the application by consent. It issued certiorari quashing the Assistant Minister’s 23 December 2025 decision.
The Assistant Minister accepted that an updated registered psychologist’s report dated 27 May 2025 was constructively before him but had not been considered. The report addressed Mohamedali’s remorse and efforts to address substance use, matters relevant to the assessment of his risk of reoffending and the protection of the Australian community.
Justice Banks-Smith held that the concession of jurisdictional error was properly made. The failure properly to consider the applicant’s risk to the community justified the relief sought jointly by the parties. No order was made as to costs.
Key Takeaways
- A s 501BA visa-cancellation decision must be exercised reasonably.
- Material constructively before the decision-maker must be considered where it bears on matters identified as relevant to the national-interest assessment.
- Failure to consider evidence relevant to reoffending risk may constitute jurisdictional error and support certiorari.
Why It Matters
The decision illustrates that even where the Ministerial override power in s 501BA is engaged, the decision-maker must properly consider material relevant to the stated basis for cancellation. A failure to consider an updated expert report bearing on community risk can invalidate the decision.