Pashaei Pirloujeh (Migration)

This matter concerned an application by Mr. Pashaei Pirloujeh for review of a decision by the Department of Home Affairs to cancel his Skilled Work Regional (Provisional) (Class PS) visa, subclass 491. The applicant had arrived in Australia with his former wife and daughter, who was the primary applicant for the visa, with the intention of settling permanently.

The primary legal issue before the Tribunal was whether, having found that a ground for cancellation under section 116(1)(a) of the *Migration Act 1958* (Cth) existed, the Tribunal should exercise its discretion to set aside the cancellation decision. This required consideration of whether the applicant had a compelling need to remain in Australia.

The Tribunal reasoned that while the ground for cancellation was established, it did not mandate cancellation. In exercising its discretion, the Tribunal had regard to the applicant's circumstances, including his long marriage breakdown, his daughter's residency in Australia, and his employment as a Civil Draftsman in Canberra. Crucially, the Tribunal found that the applicant had a compelling need to remain in Australia to maintain his relationship with his daughter, who was his only child. The Tribunal considered it unfair for the child to remain in Australia while her father was forced to return to his home country, disrupting their relationship. The Tribunal also noted the applicant's efforts to meet his financial obligations to his daughter.

The Tribunal concluded that the applicant had demonstrated a compelling need to remain in Australia and, accordingly, set aside the decision to cancel his visa.