2015625 (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning the cancellation of a Subclass 202 (Global Special Humanitarian) visa. The applicant, who held Armenian citizenship and passports, was the subject of a notice of intention to cancel their visa due to alleged incorrect answers provided in their visa application. The AAT also had to consider the best interests of a child and the potential impact of cancellation on the applicant's integration into the Australian community, particularly in light of mental health issues and the context of armed conflict in Syria and Armenia.

The primary legal issue before the Tribunal was whether the visa should be cancelled, notwithstanding the applicant's alleged non-compliance. This required the Tribunal to assess whether the circumstances warranted a cancellation under section 107 of the *Migration Act 1958* (Cth), and if so, whether it was appropriate to exercise its discretion not to cancel the visa. The Tribunal was also implicitly required to consider Australia's non-refoulment obligations and the applicant's potential exposure to gross violations of human rights if returned to their country of origin.

The Tribunal found that while there may have been non-compliance as described in the notice, it ultimately concluded that the visa should not be cancelled. In reaching this decision, the Tribunal had regard to all the relevant circumstances, including the applicant's mental health, the broader geopolitical context of armed conflict, and the best interests of the child. The Tribunal exercised its discretion to set aside the decision under review and substitute a decision not to cancel the first applicant's visa. The Tribunal noted it lacked jurisdiction concerning the other applicants.