1802305 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Subclass 204 (Woman at Risk) visa granted to the applicant. The applicant had married and started a family while awaiting the grant of her visa, and she had concealed the inter-faith nature of her marriage from the Department. She claimed to fear a violent response from her husband and difficulties in contacting the Department.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner described in the notice given under section 107 of the Act. Furthermore, the Tribunal had to consider whether, in light of all the relevant circumstances, the cancellation of the applicant's visa was justified, including the best interests of her child.

The Tribunal found that the applicant had indeed engaged in non-compliance as outlined in the section 107 notice. After considering all the circumstances, including the concealment of her marriage and the potential implications for her safety and that of her child, the Tribunal concluded that the visa cancellation was appropriate. The Tribunal affirmed the decision to cancel the applicant's Subclass 204 visa.