1701829 (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning the applicant's Refugee and Humanitarian (Refugee) (Class XB) (Subclass 200) visa. The dispute centred on whether the applicant's mother had provided incorrect information regarding her relationship status during the visa application process, which could lead to the cancellation of the applicant's visa.

The Tribunal was required to determine if the ground for cancellation, as outlined in section 109 of the Migration Act 1958, was made out. This involved assessing whether the applicant's mother had failed to comply with the requirement to provide correct information in her visa application, as stipulated by section 101 of the Act. The Tribunal also had to consider the consequences of any non-compliance and whether the applicant's visa should be cancelled.

The Tribunal found that the information provided by the applicant's mother in her statutory declaration supporting her partner's visa application, which indicated an ongoing relationship with the applicant's father, contradicted the information provided during her own refugee and humanitarian visa application, where she stated she had separated from the applicant's father. The Tribunal accepted the submission that the statutory declaration was false and had been made on ill-advised community advice. Crucially, the Tribunal determined that the applicant's mother's initial statement regarding her separation was truthful and correct at the time of her visa application. Therefore, the ground for cancellation was not made out.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Refugee and Humanitarian (Refugee) (Class XB) (Subclass 200) visa.