Hawasi (Migration)

This matter concerned an application to review a decision to cancel the applicant's Partner (Migrant) (Class BC) visa, subclass 100 (Spouse). The original cancellation of the applicant's visa was a consequence of the cancellation of his father's visa. The Tribunal, differently constituted, had previously affirmed the cancellation decision.

The primary legal issue before the Tribunal was whether the cancellation of the applicant's visa remained valid, given subsequent developments concerning his father's visa. Specifically, the Tribunal had to determine if the criteria for exercising the power to cancel the applicant's visa under s 140(2) of the *Migration Act 1958* (Cth) were still met.

The Tribunal reasoned that a writ of certiorari issued by the High Court had quashed the father's visa cancellation decision. Consequently, the Federal Circuit Court had found that a necessary criterion for the exercise of power under s 140(2) was not satisfied. Applying this finding, the Tribunal concluded that it had no power to cancel the applicant's visa under s 140(2) and that its prior affirmation of the cancellation decision was erroneous. The Tribunal therefore set aside the cancellation of the applicant's subclass 100 Partner visa.