Mohammadi (Migration)

The Administrative Appeals Tribunal considered a decision to cancel Mrs Mohammadi's Subclass 100 (Spouse) visa. The cancellation was a consequence of the cancellation of her sponsor's visa.

The Tribunal was required to determine whether the decision to cancel Mrs Mohammadi's visa should be set aside, given that the ground for cancellation no longer existed. This involved considering the effect of setting aside the cancellation of the sponsor's visa on the applicant's visa.

The Tribunal reasoned that in a separate decision, it had set aside the cancellation of the sponsor's Subclass 155 (Five Year Resident Return) visa. Pursuant to subsection 114(1) of the *Migration Act*, if a visa cancellation decision under section 116 is set aside, the visa is taken never to have been cancelled. Consequently, the basis for exercising the power under subsection 140(2) of the Act, which related to the sponsor's visa status, ceased to exist. The Tribunal therefore concluded that the decision to cancel Mrs Mohammadi's visa should be set aside.

The Tribunal set aside the decision under review and substituted a decision not to cancel Mrs Mohammadi's Subclass 100 (Spouse) visa.