1802560 (Migration)

This matter concerned an application for review of a decision to cancel the applicant’s Refugee and Humanitarian (Class XB) Global Special Humanitarian (subclass 202) visa. The applicant's visa was granted in 2014, and in 2017, the Department issued a notice of intention to consider cancellation, alleging the applicant had provided incorrect information regarding her relationship status, name, place of birth, and nationality when applying for the visa. The applicant claimed she had never been married due to cultural arrangements, had misplaced a divorce certificate, and had been in an abusive relationship, highlighting the best interests of her child and mother, and a lack of family support.

The Tribunal was required to determine whether the applicant had failed to comply with section 101(b) of the Migration Act 1958 by providing incorrect information in her visa application. Specifically, the Tribunal considered whether the applicant had incorrectly stated she had never been married or in a de facto relationship, had not used other names, and had incorrectly stated her place of birth and nationality. The Tribunal also considered whether the notice issued under section 107 of the Act complied with statutory requirements.

The Tribunal found that while the notice issued under section 107 complied with the Act, and that the applicant had indeed provided incorrect information as alleged, the visa should not be cancelled. The Tribunal considered the circumstances surrounding the incorrect information, including the applicant's difficult personal history, and concluded that cancellation was not warranted. Consequently, the Tribunal set aside the decision to cancel the visa and substituted a decision not to cancel the applicant's Subclass 202 visa.