2208092 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Subclass 155 (Five Year Resident Return) visa. The dispute arose from the applicant having provided incorrect information regarding her nationality and name, as well as differing details about her family composition in previous applications.

The Tribunal was required to determine whether the applicant had failed to comply with the provisions of the *Migration Act 1958* (Cth) concerning the provision of correct information in visa applications and passenger cards. Specifically, the Tribunal had to consider if the non-compliance, as particularised in the notice issued under section 107 of the Act, had occurred and, if so, whether the visa should be cancelled. The Tribunal also considered the impact of section 107A of the Act, which allows for the cancellation of a current visa due to non-compliance in a previous visa application.

The Tribunal found that while the applicant had indeed provided incorrect information, which meant the decision to grant her visa was based partly on this incorrect information, this did not automatically necessitate cancellation. The Tribunal acknowledged that the applicant's circumstances, including her problematic mental and physical health, the precarious situation for her ethnic group and gender in her homeland, and her long-term, law-abiding integration into the Australian community, weighed heavily in her favour. The Tribunal concluded that these factors, when considered on balance, supported a decision not to cancel her visa.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 155 (Five Year Resident Return) visa.