Turner (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving an applicant whose Temporary Skill Shortage (Class GK) visa, Subclass 482, was subject to cancellation. The applicant had been granted the visa as a dependant of Aideen Rois Mahon, but their relationship had ceased. The Department of Home Affairs had indicated an intention to cancel the visa on the basis that the applicant's purpose of stay was no longer aligned with the original grant.

The primary legal issue before the Tribunal was whether to exercise its discretion to cancel the applicant's visa. This required the Tribunal to consider various factors, including the purpose of the applicant's stay, their compliance with visa conditions, and the degree of hardship that cancellation might cause. The Tribunal was also guided by the Department's Procedures Advice Manual (PAM3) concerning general visa cancellation powers.

The Tribunal acknowledged that the cessation of the relationship meant the applicant's original purpose of stay was no longer valid. However, it noted that there was no evidence of the applicant failing to comply with their visa conditions. Crucially, the applicant provided evidence of their significant contributions to the Australian community, particularly within the health sector during the COVID-19 pandemic, by working with the Health Professional Councils Authority and Health Care Australia. The applicant also highlighted their role in ensuring compliance with regulatory standards and assisting with vaccination efforts, and provided evidence of tax payments and their educational background. The Tribunal weighed these contributions and the potential hardship of cancellation against the circumstances.

Ultimately, the Tribunal concluded that, considering all the circumstances, the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 482 visa.