Abutarha (Migration)

The Administrative Appeals Tribunal considered an application by Abutarha concerning the cancellation of their Partner (Provisional) (Class UF) visa, Subclass 309. The dispute arose from the applicant providing incorrect information in their visa application, specifically in relation to a character declaration concerning a past criminal conviction.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the discretion to cancel the visa should be exercised. This involved assessing whether the applicant met the character test, considering the circumstances surrounding the conviction, and evaluating the impact of the incorrect information on the initial grant of the visa. The Tribunal also had to consider the applicant's English abilities and their responsibility to ensure the accuracy of their application.

In its reasoning, the Tribunal found that the applicant had indeed failed to comply with the Act as described in the notice given under section 107. The Tribunal noted that the visa had been granted partly based on incorrect information. While acknowledging the applicant's stated remorse and their relationship with their sister-in-law's family and children, the Tribunal also took into account breaches of other visa conditions and the relatively short period the applicant had lived in Australia. After considering all relevant circumstances, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 309 visa.