Mohamed Illyas (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of Mr. Mohamed Illyas's Partner (Provisional) (Class UF) visa, Subclass 309. The cancellation was a consequence of his sponsor's visa being cancelled.

The primary legal issue before the Tribunal was whether the cancellation of Mr. Illyas's visa should stand, given that the cancellation of his sponsor's visa had been set aside by the Tribunal.

The Tribunal reasoned that the cancellation of Mr. Illyas's visa was made pursuant to section 140(2) of the Migration Act 1958 (Cth), which links the validity of a partner visa to the status of the sponsor. As the Tribunal had previously determined to set aside the cancellation of the sponsor's visa, the basis for cancelling Mr. Illyas's visa no longer existed. Consequently, the Tribunal found that the consequential cancellation of Mr. Illyas's visa should also be set aside.

The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Illyas's Subclass 309 Partner (Provisional) visa.