Aderibigbe (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Partner (Migrant) (Class BC) visa, Subclass 100, held by the applicant, Mr. Aderibigbe. The dispute arose from the Department of Home Affairs' decision to cancel the visa on the grounds that the applicant had provided incorrect information in his visa application, specifically concerning his travel history and the nature of his relationship with the sponsor. The applicant had also fathered three children with another woman, which raised credibility concerns for the Department.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the Act, as notified by the Department under section 107. Furthermore, the Tribunal had to consider whether, in light of all the relevant circumstances, the discretion to cancel the visa should be exercised. This involved assessing the applicant's conduct, including any potential deliberate breach of the Act, and considering the best interests of the applicant's children, as well as his need for treatment for diabetes.

In its reasoning, the Tribunal found that there had been non-compliance by the applicant in the manner described in the section 107 notice. After considering all the relevant circumstances, including the credibility concerns raised by the applicant's relationship history and the existence of children with another woman, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel Mr. Aderibigbe's Subclass 100 visa.