2013926 (Migration)

The Administrative Appeals Tribunal considered a migration matter concerning the cancellation of the applicant's Subclass 155 (Five Year Resident Return) visa. The dispute arose from the applicant having provided incorrect information regarding their identity and migration history.

The Tribunal was required to determine whether, despite the applicant's non-compliance with the Act, the Subclass 155 visa should be cancelled. This involved considering all relevant circumstances, including the significant passage of time since the non-compliance, the applicant's fears of harm in Pakistan due to their Hazara Shia ethnicity, the best interests of the applicant's minor child, the applicant's mental health, and their contributions to the Australian community.

The Tribunal concluded that the visa should not be cancelled. It found that there had been non-compliance as described in the notice given under section 107 of the Migration Act 1958 (Cth). However, after weighing all the relevant circumstances, the Tribunal determined that cancellation was not warranted. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa.