Catchwords:

MIGRATION – appeal against primary judge’s decision dismissing application for judicial review of decision of the Administrative Appeals Tribunal – where Tribunal affirmed decision of the Minister for Immigration and Citizenship not to revoke the mandatory cancellation of the appellant’s permanent visa – where appellant affected by NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37; (2023) 97 ALJR 1005 and would have remained in Australian community regardless of the Tribunal decision – where appellant held a Bridging (Removal Pending) (subclass 070) visa at time of the Tribunal decision with ‘curfew’ and ‘monitoring’ conditions imposed by the Minister pursuant to subclauses 070.612A(1)(a) and (d) of Schedule 2 to the Migration Regulations 1994 (Cth) – where Tribunal proceeded on the assumption that appellant’s bridging visa would include those same conditions if visa cancellation not revoked – where Tribunal evaluated the risk the appellant posed to the Australian community by comparing the risk were he to hold the permanent visa compared to the bridging visa with the curfew and monitoring conditions – where High Court subsequently found subclauses 070.612A(1)(a) and (d) to be invalid – whether Tribunal committed error of law – whether Tribunal committed jurisdictional error – whether error material to Tribunal’s decision