Catchwords:

MIGRATION — appeal from decision of primary judge to dismiss application for judicial review of a decision of the Administrative Review Tribunal to affirm a decision of the respondent not to revoke the cancellation of the appellant’s child visa pursuant to s 501CA(4) of the Migration Act 1958 (Cth) — whether the primary judge erred in finding that the Tribunal’s error in assessing the appellant as being at moderate risk of reoffending for the purpose of the first primary Ministerial Direction 110 consideration by reference to the appellant’s uncertain immigration status was not material and did not amount to jurisdictional error — where the primary judge identified other evidence before the Tribunal which supported the Tribunal’s finding as to the appellant’s risk of reoffending — where the primary judge did not err in finding that the Tribunal’s error did not cause a wrong factual finding as to the appellant’s risk of reoffending and was not otherwise critical to the Tribunal’s ultimate decision — where the primary judge did not err in rejecting the appellant’s contention that the Tribunal’s error could have resulted in a different decision — first ground of appeal dismissed — where the appellant contends the primary judge erred by failing to find that the Tribunal made a material error in finding that any third country to which the appellant might be removed would need be assessed as “safe” by way of precondition to ss 76AAA and 198AHB of the Act — where the Tribunal’s language of obligation by reference to the safety of the appellant’s removal to a third country related to separate statutory powers under the Act permitting the discharge of international obligations — where the Tribunal did not misapprehend the nature and operation of ss 76AAA and 198AHB of the Act — second ground of appeal dismissed — appeal dismissed.