Chukwuma v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCAFC 121 (08 September 2026) (Moshinsky, Derrington and Dowling JJ)

Catchwords: MIGRATION – decision of Assistant Minister under s 501BA of the Migration Act 1958 (Cth) to set aside a decision of the Administrative Appeals Tribunal and to cancel the appellant’s Resident Return visa – where the Government was taking steps to negotiate an arrangement to send the NZYQ cohort to Naoero – where legislative provisions regarding third country reception arrangements had recently come into force – where the Assistant Minister’s reasons for decision did not take into account that, if the appellant’s visa were cancelled, the almost inevitable consequence would be that he would be issued with a Bridging (Removal Pending) visa – where the Assistant Minister’s reasons did not take into account that this would expose the appellant to removal to Naoero if a third country reception arrangement were entered into with Naoero – whether the Assistant Minister’s decision was affected by jurisdictional error – appeal allowed