Ridley (Migration)

The applicant, Ridley, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel her Temporary Skill Shortage (Class GK) visa, subclass 482. The cancellation was based on the ground that a fact or circumstance that was a condition for the grant of the visa no longer existed, specifically that the applicant was no longer a member of the family unit of the primary visa holder due to the cessation of their relationship.

The Federal Circuit Court was required to determine whether the Minister had properly exercised the discretion to cancel the visa, considering the purpose for which the visa was granted and the legal consequences of cancellation. The court also had to consider whether there were any extraordinary circumstances, such as the well-being of the applicant's current de facto partner and the impact of the COVID-19 pandemic, that warranted a different outcome.

The Court found that the Minister's delegate had failed to properly consider the purpose of the visa grant in light of the changed circumstances and had not adequately taken into account the potential impact of cancellation on the applicant, particularly concerning her de facto relationship and the extraordinary circumstances arising from the pandemic. The delegate's reasoning was found to be insufficient and lacking in the necessary consideration of relevant factors.

Consequently, the decision under review was set aside.