Goret (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal (AAT) by a French citizen, the applicant, against the cancellation of her Temporary Skill Shortage (Subclass 482) visa. The visa had been granted on the basis that she was a member of the family unit of the primary visa holder, Mr Jake Llewellyn Godfrey. The applicant did not dispute that her relationship with Mr Godfrey had ceased, meaning she was no longer a member of his family unit.

The primary legal issue before the Tribunal was whether to exercise its discretion to cancel the applicant's visa under section 116(1)(a) of the *Migration Act 1958* (Cth), which allows for cancellation if a visa was granted on the basis of a fact or circumstance that no longer exists. The Tribunal was required to consider the applicant's circumstances, including her long residence in Australia, her stated desire to remain due to strong personal and community relationships, her cultural immersion, and her artistic pursuits, against the purpose of the Subclass 482 visa.

The Tribunal reasoned that while the ground for cancellation under section 116(1)(a) was established due to the cessation of the relationship with the primary visa holder, the cancellation was not mandatory. The Tribunal considered the applicant's stated intentions to engage with Indigenous communities, continue her photography business, plan an exhibition, and write a book. However, it noted that the Subclass 482 visa is intended to address labour shortages by sponsoring skilled overseas workers, and there was no evidence that the applicant herself was engaged in skilled employment for this purpose. The Tribunal concluded that, on balance, the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 482 visa.