2214427 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 190 Skilled Nominated visa. The dispute arose from allegations of non-compliance with visa application requirements, specifically concerning the genuineness and ongoing nature of the applicant's relationship with a member of the family unit. The applicant had previously travelled internationally with a former partner, and the relationship had ceased, but was later rekindled. The review was heard by Member Noelle Hossen.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of their visa application, thereby triggering the Minister's power to cancel the visa under the Migration Act 1958. This involved determining if the information provided regarding the applicant's relationship status and the genuineness of their nominated relationship was incorrect or misleading, as contemplated by sections 101 and 109 of the Act.

The Tribunal found that it was not satisfied that the applicant had engaged in non-compliance as described in the notice issued under section 107 of the Migration Act 1958. Consequently, the discretionary power to cancel the applicant's visa did not arise. The Tribunal therefore set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 190 Skilled Nominated visa.