1714304 (Migration)

This matter concerned an appeal by a visa holder against a decision to cancel their Subclass 155 (Five Year Resident Return) visa. The dispute arose from allegations of the applicant providing incorrect information, specifically concerning a change of name and the legitimacy of an identity document, which led to the Minister's decision to cancel the visa. The case was heard by Senior Member Denis Dragovic.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in relation to the information provided, thereby giving the Minister grounds to cancel the visa. This involved determining if the applicant had provided incorrect answers on their application form or passenger card, as contemplated by sections 100 and 101 of the Act, and whether the Minister's subsequent decision to cancel the visa was validly made under section 109.

The Tribunal found that it was not satisfied that the applicant had engaged in non-compliance as described in the notice issued under section 107 of the Act. Consequently, the discretionary power to cancel the applicant's visa did not arise. The Tribunal reasoned that the applicant's circumstances, including their mother's death and father's illness, along with a disputed email address, were considered in the context of the information provided. The Tribunal ultimately set aside the decision under review.

The Tribunal ordered that the decision under review be set aside and substituted with a decision not to cancel the applicant’s Subclass 155 (Five Year Resident Return) visa.