Aidoo (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the Subclass 801 (Spouse) visa of the first applicant, Mr. Aidoo. The dispute concerned allegations of non-compliance with the *Migration Act 1958* (Cth) in relation to information provided in the visa application, specifically regarding previous marriages and the provision of financial and emotional support to a student daughter. The Tribunal also considered the validity of a marriage certificate and the applicant's established links with Australia.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that warranted the cancellation of his visa. This involved determining if the incorrect information provided in the visa application constituted a breach of the Act, and if, in light of all relevant circumstances, the cancellation of the visa was justified. The Tribunal also had to consider its jurisdiction concerning a second applicant, in relation to whom it found it had no jurisdiction.

The Tribunal found that the applicant had indeed failed to comply with the Act as described in the notice given under section 107. Having regard to all the circumstances, including the conflicting details concerning previous spouses and the support provided to his daughter, the Tribunal concluded that the visa should be cancelled. Consequently, the Tribunal affirmed the decision to cancel the first applicant's Subclass 801 visa.