Mehdi (Migration)

The Administrative Appeals Tribunal considered the case of Mehdi, an applicant for a Subclass 802 (Child) visa, whose visa was subject to cancellation. The dispute arose from the Department's decision to cancel the applicant's visa, which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the grounds for cancelling the applicant's Subclass 802 visa were made out. This involved determining the validity of the cancellation decision in light of the circumstances surrounding the applicant's father's migration case, which had also been before the Tribunal.

The Tribunal reasoned that the cancellation of the applicant's visa was consequential to a decision made in relation to his father's case. However, the Tribunal had previously set aside the decision under review in the father's case. Consequently, the Tribunal found that there was no basis for the consequential cancellation of the applicant's visa under section 140 of the relevant migration legislation. The Tribunal was satisfied that the grounds for cancellation were not established.

Accordingly, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 802 (Child) visa.