Abouhamzeh (Migration)

The applicant, Mr. Abouhamzeh, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his Partner (Migrant) (Class BC) visa, subclass 100 (Spouse). The decision under review was made by a delegate of the Minister.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the delegate erred in cancelling the applicant's visa. Specifically, the court was required to determine if the delegate had properly considered the relevant legislative provisions and the evidence before them when making the cancellation decision, particularly in light of the fact that the applicant's primary visa had not been cancelled.

Her Honour Judge Sripathy found that the delegate had made an error of law. The delegate's decision to cancel the applicant's visa was based on a misunderstanding of the legislative framework governing consequential cancellations. The court held that the delegate failed to properly apply section 501(3A) of the *Migration Act 1958* (Cth) and Regulation 2.43(1) of the *Migration Regulations 1994* (Cth) in circumstances where the primary visa had not been cancelled. The delegate's reasoning was found to be illogical and not open to them.

Consequently, the court set aside the delegate's decision to cancel the applicant's visa.