2408700 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The cancellation was based on allegations of the applicant providing incorrect information in his visa applications and associated forms, specifically failing to declare a child and another name by which he was known, and having used a different name on a passport and visa application for another country. The applicant's child was now living with family members.

The legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107, and if so, whether the visa should be cancelled. The non-compliance alleged was a breach of section 101(b) of the Act, which mandates that visa application forms must be completed without incorrect answers. This included failing to declare dependent family members and children, and failing to disclose being known by another name or having a different date of birth.

The Tribunal found that the notice issued under section 107 complied with statutory requirements and that the applicant had indeed provided incorrect information in his visa applications, specifically failing to declare a child and another name by which he was known. However, the Tribunal considered all relevant circumstances, including the applicant's subsequent disclosure of the correct information to the Department before the permanent visa was granted, the cessation of his previous relationship, his current new relationship, his partner's adult daughter with special needs, his work with vulnerable people, his financial support to his child and extended family, and the interests of the child. Applying these considerations, the Tribunal concluded that the visa should not be cancelled.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 801 (Spouse) visa.