Cornilleau (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the cancellation of the applicant's Subclass 500 (Student) visa. The applicant had been granted the visa on the basis of his de facto relationship with Ms A, who was the primary student visa holder. The Department of Home Affairs had cancelled the applicant's visa under section 116(1)(a) of the Migration Act 1958 (Cth), on the grounds that the fact or circumstance upon which the visa was granted – namely, the existence of the de facto relationship – no longer existed.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(a) of the Act was made out, and if so, whether the Tribunal should exercise its discretion to affirm the cancellation decision. The Tribunal was required to determine if the applicant's relationship with Ms A had ceased, rendering the basis for his dependent student visa invalid. If this ground was established, the Tribunal then had to consider all relevant circumstances, including government policy and the applicant's personal situation, to decide whether to uphold the cancellation.

The Tribunal found that the applicant's dependent student visa was granted on the basis of his partner relationship with Ms A, and that he would not have been granted the visa otherwise. The applicant initially claimed to be attempting reconciliation with Ms A when the Department issued a notice of intention to cancel his visa, and that their relationship had only ceased in March 2017. However, the Tribunal was not satisfied with this evidence, noting that Ms A had notified the Department of their separation in early March 2017 and that they had been living at separate addresses. The Tribunal concluded that the applicant had not been truthful about the ongoing nature of his relationship with Ms A at the relevant time, and therefore the ground for cancellation under section 116(1)(a) was established. In exercising its discretion, the Tribunal considered the applicant's initial purpose of travel, the cessation of the relationship, his compliance with other visa conditions, and the potential hardship of leaving Australia due to a new relationship. Ultimately, the Tribunal found that the circumstances of the breakdown of the relationship and the applicant's lack of credibility weighed in favour of cancellation, and it affirmed the decision to cancel the visa.