Ferreira Diamantino (Migration)

This matter concerned an appeal by Mr Ferreira Diamantino against a decision by the Minister for Immigration and Border Protection to cancel his Temporary Work (Skilled) (subclass 457) visa. The Minister's decision was based on the belief that Mr Diamantino was not a member of the family unit of his partner, and therefore the visa should be cancelled under section 116(1)(a) of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal had affirmed the Minister's decision.

The primary legal issue before the court was whether Mr Diamantino was a member of the family unit of his partner at the time the Minister made the cancellation decision. This required the court to consider the definition of "member of the family unit" as it applied to the circumstances of Mr Diamantino and his partner, and whether their relationship was genuine and continuing.

The court found that the Tribunal had erred in its assessment of the evidence regarding the genuineness and continuing nature of Mr Diamantino's relationship with his partner. Applying the principles established in migration law concerning family relationships, the court determined that Mr Diamantino did, in fact, meet the criteria to be considered a member of his partner's family unit at the relevant time. Consequently, the ground for cancellation under section 116(1)(a) of the *Migration Act 1958* (Cth) was not established.

The court ordered that the decision of the Administrative Appeals Tribunal be set aside.