Dhaliwal (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 student visa held by the applicant, Ms. Dhaliwal. The Department of Home Affairs had cancelled Ms. Dhaliwal's visa on the grounds that she was no longer a member of the family unit of the primary visa holder, her husband, due to their divorce. The Department also found that she did not genuinely intend to study a business course for legitimate reasons and had breached visa condition 8516.

The Tribunal was required to determine whether the applicant was still a member of the family unit of the primary visa holder at the time of the cancellation decision, and whether she genuinely intended to study a business course for legitimate reasons. The Tribunal also had to consider whether the applicant had breached visa condition 8516, which requires a visa holder to continue to be a member of the family unit of the sponsor or to continue to be a genuine temporary entrant.

In reaching its decision, the Tribunal found that the divorce order clearly established that the applicant was no longer married to the primary visa holder and therefore no longer a member of his family unit. Furthermore, the Tribunal was not satisfied that the applicant genuinely intended to study a business course for legitimate reasons, noting that the factors favouring cancellation overwhelmingly outweighed any factors against it.

Consequently, the Tribunal affirmed the decision under review, upholding the cancellation of Ms. Dhaliwal's Subclass 500 student visa.