Ashouripour Ariaee (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Skilled Independent (Permanent) visa (Subclass 189) held by Ms Ashouripour Ariaee. The dispute concerned whether the applicant had failed to maintain a genuine and continuing relationship with her partner, which was a condition for her visa.

The primary legal issue before the Tribunal was whether the applicant had failed to meet the criteria for a genuine and continuing relationship as required by the Migration Act 1958 (Cth) and associated regulations. This involved determining if the applicant's circumstances constituted a failure to comply with the conditions of her visa, thereby triggering the power to cancel it.

The Tribunal found that the applicant had not engaged in conduct that would justify the cancellation of her visa. It was accepted that the applicant had been blackmailed into marrying another person in Iran, which led to the withdrawal of her second partner visa sponsorship. Crucially, the Tribunal determined that this situation did not constitute a failure to maintain a genuine and continuing relationship in the manner contemplated by the cancellation provisions, nor did it represent a change in circumstances that would invalidate her original visa. Consequently, the discretionary power to cancel the visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 189 - Skilled - Independent visa.