2107312 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 187 Regional Sponsored Migration Scheme visa. The dispute arose from the applicant's alleged failure to notify a change in circumstances, specifically the cessation of a committed and exclusive relationship, which was a factor considered in the visa grant. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant had failed to notify a change in circumstances as required by section 104 of the Migration Act 1958, and consequently, whether the power to cancel the applicant's visa under section 109 of the Act had arisen. The Tribunal was required to determine if the applicant's relationship had ceased in a manner that rendered a previous answer on their application form incorrect, and if so, whether the notification requirements of section 104 had been met.

The Tribunal reasoned that the applicant's committed and exclusive relationship continued until after the visa was issued, meaning there was no change in circumstances that rendered a previous answer incorrect. Therefore, the applicant had not failed to comply with section 104 of the Migration Act. As a result, the prerequisite for the Minister to consider cancelling the visa under section 109 of the Act was not met, and the discretionary power to cancel the visa did not arise. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa.