A South Sudanese man identified as GNHW has successfully overturned the refusal of his protection visa in the Federal Court, citing the impact of “visa stress” on his risk to the Australian community. The ruling, delivered on August 27, 2026, follows his controversial history, including a violent assault on a triple amputee using the victim’s own crutch.

GNHW arrived in Australia on December 25, 2017, arriving from Egypt under a Global Special Humanitarian visa. In August 2019, he was arrested for attacking a severely disabled man, an incident that led to the cancellation of his visa. Following the assault, his protection visa was revoked, and he was placed on a more restrictive bridging visa.

The man had been held in immigration detention until November 2024, when he was released after the High Court ruling in the NZYQ case, which affected visa cancellation decisions. Since his release, GNHW has been subject to further police investigations, including allegations of sexual assault and theft, which have not resulted in criminal convictions to date.

In his appeal to the Federal Court, GNHW argued that placing him on a more restrictive bridging visa would exacerbate his “visa stress” and increase the likelihood of harm to the community. The court found that maintaining him on a protection visa similar to the humanitarian visa previously held would better manage the risk he might pose.

This case closely resembles an earlier ruling this month involving a man from Sierra Leone, whose visa was revoked after allegations of sexual assault but who successfully challenged the cancellation based on “visa stress.” Both cases have highlighted what legal experts and government officials describe as a loophole in immigration law that complicates the Immigration Minister’s ability to enforce cancellations for serious criminal conduct.

The decision raises concerns about balancing public safety with legal protections afforded to non-citizens, especially those who have committed offenses but argue that visa conditions contribute to adverse behavior. Immigration Minister Tony Burke faces ongoing challenges navigating these complex cases while managing community expectations and immigration policy enforcement.