2006288 (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Subclass 155 (Five Year Resident Return) visa held by the applicant. The Department of Immigration and Citizenship had cancelled the visa on the basis that the applicant had provided a bogus identity document.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1AA) of the *Migration Act 1958* (Cth) had been established. This section pertains to the provision of bogus documents. The Tribunal was required to determine if the applicant had, in fact, provided a bogus identity document in support of their application or in connection with their status as a visa holder.

The Tribunal's reasoning focused on the applicant's identity and family composition. While the initial cancellation was based on a bogus identity document, the Tribunal noted that DNA testing had confirmed the family relationships of the applicant. Ultimately, the Tribunal was not satisfied that the ground for cancellation under section 116(1AA) had been established. Consequently, the power to cancel the applicant's visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 155 visa.