Alishirvani (Migration)

This matter concerned an application by Ms Alishirvani for review of a decision to cancel her Partner (Migrant) (Class BC) visa, subclass 100. The cancellation of Ms Alishirvani's visa was a consequence of the cancellation of her husband's visa.

The primary legal issue before the Tribunal was whether the cancellation of Ms Alishirvani's visa was valid, given that her husband's visa cancellation decision had subsequently been quashed by the High Court. The Tribunal was required to determine if the basis for the consequential cancellation of Ms Alishirvani's visa remained lawful.

The Tribunal reasoned that the cancellation of Ms Alishirvani's visa under section 140(2) of the *Migration Act 1958* was predicated on her husband's visa cancellation. Following the High Court's quashing of the husband's cancellation decision, a critical criterion for the exercise of the power under section 140(2) was no longer satisfied. Consequently, the Tribunal found that it had no power to cancel Ms Alishirvani's visa under that provision and that the original affirmation of the cancellation decision was in error.

Accordingly, the Tribunal set aside the cancellation of Ms Alishirvani's subclass 100 Partner visa and substituted a decision that the visa not be cancelled.