Stewart (Migration)

The Administrative Appeals Tribunal (Cth) (the Tribunal) was asked to review a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel Mr Stewart's Skilled Regional Sponsored (Provisional) visa (Subclass 489). The cancellation was based on the Minister's belief that Mr Stewart was no longer a member of the family unit of the sponsor, who was his partner, due to the cessation of their relationship.

The central legal issue before the Tribunal was whether Mr Stewart's purpose for remaining in Australia had changed, notwithstanding the breakdown of his relationship with the sponsor. The Tribunal was required to consider whether the continued provision of financial support for their child, and Mr Stewart's new relationship with an Australian citizen, altered the fundamental purpose for which the visa was granted, particularly in light of the potential for emotional and financial hardship.

The Tribunal reasoned that while the relationship with the original sponsor had ceased, the primary purpose of Mr Stewart's stay in Australia, which was to support his child, remained unchanged. The Tribunal found that Mr Stewart continued to provide financial support for the child and that his new relationship with an Australian citizen did not negate his original purpose for being in Australia. The Tribunal also considered the potential hardship that cancellation would cause to Mr Stewart and his child. Consequently, the Tribunal set aside the Minister's decision to cancel the visa.