Babaali (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr. Babaali's Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of the delegate's decision to cancel his visa.

The primary legal issue before the Tribunal was whether the grounds for cancelling Mr. Babaali's visa were made out. This involved an assessment of the application of section 109 of the *Migration Act 1958* (Cth) and its implications for a subsequent cancellation under section 140 of the Act.

The Tribunal reasoned that the grounds for cancellation under section 109 were not established. It further observed that departmental policy, citing section 114(1) of the Act, indicated that a consequential cancellation under section 140 would also be set aside if the original cancellation under section 109 was invalid. Applying this, the Tribunal concluded that the grounds for cancellation were not made out.

The Tribunal set aside the delegate's decision to cancel Mr. Babaali's visa and substituted a decision not to cancel the Subclass 820 Partner (Temporary) (Class UK) visa.