YNPX v Minister for Immigration and Multicultural Affairs [2025] FCA 49

FEDERAL COURT OF AUSTRALIA YNPX v Minister for Immigration and Multicultural Affairs [2025] FCA 49 Review of: YNPX v Minister for Immigration, Citizenship and Multicultural Affairs [2024] AATA 627

File number(s):

Judgment of: O'BRYAN J

Date of judgment: 7 February 2025

Catchwords: MIGRATION – application for judicial review of decision of Administrative Appeals Tribunal affirming the decision of the Minister's delegate refusing to revoke the cancellation of the applicant's visa under s 501CA(4) of the Migration Act 1958 (Cth) – where Tribunal did not err in its consideration of the strength, nature and duration of the applicant's ties to Australia – where Tribunal failed to address and/or meaningfully engage with applicant's claims regarding risk of harm upon return to South Sudan – where Tribunal failed to consider applicant's argument regarding risk of relapse of alcohol addiction upon return to South Sudan – where Tribunal had regard to an irrelevant consideration in determining the impact of detention on the applicant – application allowed

Constitution s 75(v) Legislation: Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth) Sched 16 ss 10, 25 Migration Act 1958 (Cth) ss 476A(1)(b), 476A(2), 499(1), 500(1)(ba), 501(3A), 501(6)(a), 501(7)(c), 501(7)(d), 501CA(4)

Abebe v The Commonwealth (1999) 197 CLR 510 Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Attorney-General (NSW) v Quin (1990) 170 CLR 1 CRNL v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 138 Deng v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 293 FCR 509 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 GBV18 v Minister for Home Affairs (2020) 274 FCR 202 Cases cited: Jagroop v Minister for Immigration and Border Protection (2016) 241 FCR 461 Manebona v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 298 FCR 516 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164 Morgan v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 392 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Plaintiff S4/2014 v Minister for Immigration and Border Protection (2014) 253 CLR 219 Singh v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 296 FCR 582 WCGD v Minister for Immigration, Citizenship and Multicultural Affairs (2022) 180 ALD 355 Williams v Minister for Immigration and Border Protection (2014) 226 FCR 112