1803441 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Subclass 155 (Five Year Resident Return) visa. The applicant, who had arrived in Australia under a different name and possessed an Australian certificate of identity indicating a different nationality, was the subject of the cancellation decision.

The primary legal issue before the Tribunal was whether it was satisfied as to the visa holder's identity, as required by section 116(1AA) of the Migration Act 1958 (Cth) for the cancellation of the visa. The Tribunal was not required to consider other material, such as whether the applicant had deliberately provided inconsistent personal information, as the focus under this specific section was solely on establishing the applicant's identity.

The Tribunal found that it was satisfied with the applicant's identity. Consequently, it concluded that the ground for cancellation under section 116(1AA) did not exist, meaning the power to cancel the visa did not arise. The Tribunal therefore set aside the delegate's decision to cancel the visa and substituted a decision not to cancel the applicant's Subclass 155 visa.