An immigration tribunal must rehear a New Zealand citizen’s challenge to the cancellation of his Australian visa after the Federal Court found a material error in its treatment of family violence.
Justice Wigney’s October 15 ruling concerns Joshua Smith, whose visa was cancelled after criminal convictions and imprisonment. A ministerial delegate refused to reverse that cancellation, and the Administrative Review Tribunal upheld the refusal.
The court found the tribunal had misunderstood and failed to apply relevant parts of Ministerial Direction 110. Its assessment of the seriousness of family violence did not properly consider the required factors, including frequency and rehabilitation.
The error mattered to the outcome. The court set aside the tribunal decision and returned the delegate’s decision for review by a differently constituted tribunal. The minister must pay Smith’s costs.
The judgment requires a lawful reconsideration; it does not itself decide that the cancellation should be revoked.
Official judgment, Smith [2026] FCA 1520.
