1909435 (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Subclass 117 (Orphan Relative) visa. The cancellation was based on allegations of the applicant providing incorrect information in their visa application, specifically stating that both parents were deceased when one was allegedly alive. The Tribunal was presented with evidence including money transfer transaction histories and noted similarities in names, alongside submissions suggesting the allegations might stem from vengeful former in-laws.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the Migration Act 1958 by providing an incorrect answer in their visa application, thereby engaging the Minister's power to cancel the visa under section 109 of the Act. This required the Tribunal to determine if the notice issued under section 107 of the Act complied with statutory requirements and if the alleged non-compliance, as particularised in that notice, had indeed occurred.

The Tribunal found that while the delegate had reached the necessary state of mind to engage section 107 and the notice itself complied with statutory requirements, it was not satisfied that the applicant had actually failed to comply with section 101(b). The Tribunal concluded that the decision to cancel the visa should be set aside. Consequently, the Tribunal substituted a decision not to cancel the applicant's Subclass 117 visa.