2007140 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Child (Migrant) (Class AH) visa, Subclass 117 (Orphan Relative), was subject to cancellation. The dispute arose from the applicant's provision of incorrect information regarding his orphan status in his initial visa application.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the Migration Act and Regulations, specifically concerning the provision of correct information and the use of a bogus document. It also had to consider whether, in light of any non-compliance, the applicant's visa should be cancelled, exercising its discretion under section 109 of the Act.

The Tribunal found that the applicant had provided a bogus death certificate for his mother and that his parents were, in fact, alive and residing in Iran. Evidence of regular financial transfers to his parents supported this finding, indicating that the applicant was not an orphan as claimed when he applied for the visa. The Tribunal concluded that this non-compliance was material to the grant of the visa and that the use of a bogus document weighed heavily in favour of cancellation. Despite the applicant's submissions regarding his community involvement, education, employment, and the dangerous security situation in Afghanistan, the Tribunal determined that the non-compliance was significant. The Tribunal ordered that the decision to grant the visa be set aside.