RUETHAICHOTAMON (Migration)

This matter concerned the cancellation of the applicant's subclass 457 (Temporary Work (Skilled)) visa, which was granted as a dependent visa. The Department of Home Affairs cancelled the visa on the basis that a fact or circumstance relevant to its grant no longer existed, specifically the applicant's de facto relationship with the primary visa holder. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(a) of the Migration Act 1958 (Cth) was established. This required the Tribunal to determine if the de facto relationship, which was a basis for the visa's grant, had ceased to exist. If this ground was established, the Tribunal then had to consider whether, in the exercise of its discretion, the visa should be cancelled, having regard to all relevant circumstances.

The Tribunal reasoned that the applicant's visa was granted on the basis of his de facto relationship with the primary applicant, a fact or circumstance that was no longer true following the irretrievable breakdown of that relationship. The Tribunal found that the applicant had been notified of the intention to cancel his visa and was given an opportunity to respond, which he did by providing updated contact details. However, the Tribunal noted a lack of information regarding the applicant's circumstances, purpose of stay, or the reasons for the relationship breakdown, despite invitations to provide such details. Applying the principles for exercising discretion in visa cancellation matters, the Tribunal concluded that little weight could be given to factors such as the purpose of stay or hardship, given the absence of information from the applicant.

The Tribunal was satisfied that the ground for cancellation under section 116(1)(a) was made out. In exercising its discretion, and noting the limited information provided by the applicant, the Tribunal affirmed the decision to cancel the visa.