2119150 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 202 (Global Special Humanitarian) visa of the applicant. The dispute centred on whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in relation to their visa application, which led to the cancellation of their visa.

The primary legal issue before the Tribunal was to determine if the applicant had contravened section 101 of the *Migration Act 1958* by providing incorrect answers in their visa application. This involved assessing whether the notice issued under section 107 of the Act, which particularised the alleged non-compliance, was valid and whether the grounds for cancellation under section 109 of the Act were established.

The Tribunal found that while the delegate had reached the necessary state of mind to engage section 107 and the notice issued complied with statutory requirements, the ground for cancellation did not ultimately warrant the cancellation of the visa. Despite acknowledging that a ground for cancellation existed, the Tribunal, having regard to all relevant circumstances, concluded that the visa should not be cancelled. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s visa.