10/04/2026
⚖️ Visa Cancellation Quashed – A Recent Win for Our Client
We are pleased to share that the Federal Circuit and Family Court of Australia recently quashed a decision cancelling our client's student visa — a decision made just days before Christmas 2025.
Our client, an international student, arrived at Brisbane Airport and was found to have a single video containing objectionable material stored in a WhatsApp group chat on his phone. He had not downloaded or searched for the material. He was in Australia when it was sent to him, and he was unaware it was there.
Despite this, a delegate of the Minister cancelled his visa on the spot — the same night he landed.
The Court found that the delegate's decision contained a jurisdictional error. A key issue was that the delegate failed to properly consider the purpose of the visa cancellation power — which is primarily to protect the Australian community. On the facts of this case, there was no finding that our client posed any risk to the community whatsoever.
The Court held that, without a link between the cancellation and the purpose of the power, the delegate's reasons lacked an evident and intelligible justification.
The visa cancellation was quashed.
This case is an important reminder that visa cancellation powers are not unlimited. Decision-makers must exercise those powers in a way that is connected to their purpose — and where they do not, the courts can and will intervene.
If you or someone you know has had a visa cancelled or is facing cancellation, contact our office to discuss your options.
📞 Sultan Legal
