Following his conviction, then Immigration Minister Scott Morrison cancelled his visa in October 2014, on the grounds that he did not pass the "character test", and in early November the man was arrested in his Queensland home and taken to Villawood detention centre in Sydney. The man appealed, asserting he had been denied natural justice. On Friday, Brisbane Federal Court Justice John Logan agreed, quashing the decision to cancel his Australian visa, ordering his immediate release from Villawood and for the Commonwealth to pay the man's legal fees. The man, whose "difficult childhood" had been explained to the District Court during his sentencing for his crimes against his granddaughter, had expressed remorse and a psychologist who assessed him found his risk of further re-offending to be "low". In cancelling the visa, Mr Morrison, found that "even if [the man] does pose a low risk of re-offending, serious harm could result to a member of the Australian community if he were to do so".

Mr Morrison did consider the man's "long and deep ties to Australia", having lived in his adopted homeland for 48 years at the time of his offending, but considered his crimes against "a vulnerable member of the community" were "contrary to values held by Australian society". He also found that given the man had spent the vast majority of his life in Australia, "higher tolerance should be accorded him" in regards to his visa. "I also gave weight to the substantial hardship his family will suffer, to the impediments he will face on return to the United Kingdom, and to the potential that the strong family relationships he has formed in Australia will be fragmented as a result of his removal from Australia, as well as to the positive contributions he has made to the community through a lengthy period of employment, sporting and community activities," Mr Morrison reported at the time. "However, in making my decision, I have taken the view that despite the strong countervailing considerations articulated above, they are not sufficient to justify not to cancel [the man's] visa, since even a low risk of re-offending could result in serious harm to the to a member of the Australian community". Justice Logan found that while the Immigration Minister's decision was not "bizarre", he had "with respect, [taken] a sledgehammer to crack a nut".

"His exercise of the discretion conferred on him, was , in the circumstances, in excess of what, on any view, was necessary for the purpose it served," Justice Logan reported. "It follows that the Minister's decision was attended with jurisdictional error. It must be quashed. "A consequence of that is that there is no lawful basis for [the man]'s continued immigration detention. 'He must be released from immigration detention forthwith. The Minister must pay [the man's] costs, including reserved costs. "The nature of the jurisdictional error means that remission of the matter to the Minister for consideration afresh is not warranted."

A spokeswoman for the Immigration Minister said the department was studying the court's decision and was seeking further legal advice.