Sa Alves (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Minister to cancel the Subclass 457 (Temporary Work (Skilled)) visa of Sa Alves. The cancellation was based on the ground that the applicant was no longer a member of the family unit of Jamie Bekkers, the primary visa holder, and therefore the circumstances that permitted the grant of the visa no longer existed. The applicant had been granted the visa as a secondary applicant due to his de facto relationship with Ms. Bekkers.

The primary legal issue before the Tribunal was whether the Minister's discretion to cancel the visa should be exercised, considering all relevant circumstances. This involved determining if the grounds for cancellation were made out and, if so, whether there were sufficient reasons not to cancel the visa. The Tribunal had to assess the applicant's submissions regarding his relationship breakdown with Ms. Bekkers, his financial contributions, and his ongoing ties and intentions in Australia.

The Tribunal found that while the relationship breakdown had occurred, as confirmed by Ms. Bekkers, the circumstances surrounding it were complex. The applicant had made significant financial contributions towards Ms. Bekkers' education and living expenses, and he believed reconciliation was possible until late 2018. The Tribunal also noted the applicant's credible witness testimony and his substantial business and financial ties in Australia, including a prospective employer willing to sponsor him for a different visa subclass. The Tribunal concluded that the relationship breakdown was not solely initiated or caused by the applicant, and that his overall circumstances weighed against cancellation.

Consequently, the Tribunal set aside the decision to cancel the applicant's Subclass 457 visa and substituted a decision not to cancel it.