1934462 (Migration)

This matter concerned an appeal by a visa holder against the cancellation of their Subclass 155 (Five Year Resident Return) visa. The dispute arose from allegations that the applicant had provided incorrect information regarding their relationship status and citizenship status in a previous visa application. The decision was made by Sean Baker, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had failed to comply with section 101(b) of the Migration Act 1958 by providing incorrect answers in their visa application, and if so, whether the visa should be cancelled. The Tribunal was required to consider the validity of the notice issued under section 107 of the Act and the applicant's response to that notice.

The Tribunal found that while there had been non-compliance as described in the section 107 notice, the breach was of a minor nature. The Tribunal considered the compelling explanation provided by the applicant's representative, the hardship that would be caused by cancellation, including the applicant's mental health, and concluded that the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa.