Chahal (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel Mr Chahal's Student (Temporary) (Class TU) visa (Subclass 500). The dispute concerned whether Mr Chahal had ceased to be a member of the family unit of the primary visa holder, which was a ground for cancellation under the *Migration Act 1958* (Cth). The Tribunal accepted that Mr Chahal and the primary visa holder had entered into a valid marriage.

The central legal issue before the Tribunal was whether Mr Chahal had ceased to be the spouse of the primary visa holder, thereby ceasing to be a member of the family unit. This determination was critical to whether the cancellation decision was validly made under the relevant provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth).

The Tribunal reasoned that the evidence established that Mr Chahal was no longer the spouse of the primary visa holder at the time of the cancellation decision. Having found that Mr Chahal had ceased to be a member of the family unit, the Tribunal concluded that the delegate had correctly applied the law and affirmed the cancellation decision.