Sunnah (Migration)

The applicant, Sunnah, sought judicial review of a decision to cancel her Temporary Business Entry (Class UC) visa (subclass 457). The cancellation was a consequence of the sponsor's approval being cancelled, an event beyond the applicant's control. The matter came before Jason Pennell.

The primary legal issue before the court was whether the cancellation of the applicant's visa was lawful, particularly in light of section 48 of the Migration Act 1958 (Cth), which can prevent a person whose visa has been cancelled from applying for a substantive visa while remaining in Australia. The court also considered whether the cancellation decision was affected by the applicant's continued commitment to performing the same occupation with the same employer.

His Honour found that the cancellation of the visa was based on events outside the applicant's control and that the applicant had demonstrated a continued commitment to her employment. The court applied principles of administrative law, considering the reasonableness and lawfulness of the delegate's decision in the context of the applicant's circumstances.

The decision under review was set aside.