1701593 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the visa of an Ethiopian citizen who had been granted a Refugee and Humanitarian (Class XB) (Subclass 200) visa. The applicant had stated she was separated from her husband, Mr [A], at the time of her visa application, making her a dependant of her father. However, subsequent actions, including sponsoring Mr [A] for a partner visa and providing a statutory declaration stating an ongoing relationship and intent to remarry, raised concerns about the accuracy of her initial information.

The Tribunal was required to determine whether the applicant had provided incorrect information concerning her relationship status, which could constitute a ground for visa cancellation under section 109 of the *Migration Act 1958*. The Tribunal also had to consider whether, if non-compliance was found, the applicant's visa should be cancelled, having regard to the response provided by her migration agent.

The Tribunal found that the applicant's initial statement of separation was not incorrect at the time of the Subclass 200 visa application. It noted that the applicant's travel document indicating she had "never married" was an error, but this did not necessarily mean the information provided about her marital status was false. The Tribunal accepted that the applicant had been coerced into marriage as a minor and that the subsequent statutory declaration, while acknowledging its falsity, was made on the advice of a friend. Considering these factors, and the potential hardship to the applicant if her visa were cancelled, the Tribunal set aside the decision to cancel the visa and substituted a decision not to cancel it.