1722879 (Migration)

The Administrative Appeals Tribunal affirmed a delegate's decision to cancel the applicant's Subclass 155 (Five Year Resident Return) visa. The dispute centred on allegations that the applicant had provided incorrect information in a previous visa application and failed to correct this information or disclose relevant changes in circumstances, including marital status and the existence of a child.

The Tribunal was required to determine whether the applicant had contravened sections of the Migration Act 1958 (Cth) that necessitate the provision of correct information and the notification of any inaccuracies or changes. Specifically, the Tribunal considered whether the applicant had failed to disclose a previous marriage or de facto relationship, and whether their marital status was accurately represented, given they were separated but not divorced. The Tribunal also had to consider the validity and effect of a non-disclosure certificate issued under section 375A of the Act, which sought to protect information relating to investigation methodologies and third-party privacy.

In its reasoning, the Tribunal found that the delegate had properly engaged the cancellation power under section 109 of the Act and that the notice issued under section 107 complied with statutory requirements. The Tribunal acknowledged the applicant's submissions regarding the section 375A certificate, noting that while the applicant could not view the specific documents, the Tribunal was still obliged to consider its duties under section 359A. The Tribunal ultimately concluded that the applicant had engaged in a serious act of non-compliance by failing to disclose accurate information and by not correcting previous inaccuracies, leading to the visa being granted based on flawed information.

The Tribunal affirmed the decision to cancel the applicant's visa.