Naz (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Skilled Work Regional (Provisional) (Class PS) visa, Subclass 491, held by the applicant, Naz. The dispute arose because the applicant's relationship with the sponsor, who was a member of her family unit for visa purposes, had ceased, and a legal divorce was in process. This cessation of the relationship was the basis for the Department's decision to cancel the applicant's visa.

The primary legal issue before the Tribunal was whether the ground for cancellation under s 116(1)(a) of the *Migration Act 1958* (Cth) existed, and if so, whether the Tribunal should exercise its discretion to cancel the visa. The Tribunal was required to consider the applicant's circumstances, including her reasons for wishing to remain in Australia, her compliance with visa conditions, and the degree of hardship she might suffer if the visa were cancelled.

The Tribunal found that the ground for cancellation under s 116(1)(a) was satisfied because the applicant was no longer a member of the family unit of the sponsor. While the applicant expressed a desire to remain in Australia to practice dentistry, the Tribunal noted a lack of evidence that she could do so at that time, and no application for a new visa aligned with this purpose had been lodged. The Tribunal acknowledged the applicant's compliance with her visa conditions, which weighed against cancellation, but placed significant weight in favour of cancellation due to the facts of the case. Regarding hardship, the applicant cited threats from her family in Pakistan due to her impending divorce and reported mental health impacts, including suicidal thoughts. However, the Tribunal noted she had support from family and a mental health professional in Pakistan and could reside with her parents upon return.

The Tribunal was satisfied that the ground for cancellation existed and, after considering all relevant factors, exercised its discretion to affirm the decision to cancel the applicant's visa.