1910210 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 100 (Spouse) visa. The applicant's father's protection visa had been cancelled, and this cancellation was subsequently set aside upon review. The dispute before the Tribunal was whether there was a continuing basis for the consequential cancellation of the applicant's visa.

The legal issue before the Tribunal was whether the cancellation of the applicant's visa, which was consequential to the cancellation of their father's visa, remained valid after the father's visa cancellation was set aside. The Tribunal was required to determine the effect of the father's visa cancellation being overturned on the applicant's own visa status.

The Tribunal reasoned that Departmental policy, consistent with section 114(1) of the Migration Act 1958, stipulated that a consequential cancellation under section 140 of the Act would also be set aside if the primary cancellation was overturned. Therefore, any visa consequentially cancelled under section 140 would be treated as if it had never been cancelled. The Tribunal applied this principle to the present case.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 100 (Spouse) visa.