Salvi (Migration)

This matter concerned an appeal by Ms Madhura Ajit Salvi against the decision of the Minister to cancel her Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The visa had been granted on the basis that Ms Salvi was a member of the family unit of the primary visa holder, Mr Ganesh Balasaheb Kate. The dispute arose when the relationship between Ms Salvi and Mr Kate ceased, meaning the factual basis for her visa grant no longer existed. The decision was made by the Migration Review Tribunal.

The Tribunal was required to determine whether the ground for cancellation under s.116(1)(a) of the Migration Act 1958 was made out, specifically whether a fact or circumstance upon which the visa was granted no longer existed. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances, including matters of government policy and submissions made by the applicant.

The Tribunal found that the ground for cancellation was established because Ms Salvi no longer met the definition of a member of the family unit of the primary visa holder, as her de facto relationship with Mr Kate had ended. While the exact date of separation varied between the parties, both acknowledged the relationship had ceased for a substantial period. In considering its discretion, the Tribunal acknowledged Ms Salvi's continued employment and diligent contribution to society, and that her inability to comply with visa conditions had been substantially outside her control. However, it gave minimal weight to the original purpose of her travel and the potential hardship she might face, concluding that the cancellation decision should be affirmed.