Aryee (Migration)

This matter concerned an appeal by Hannah Aryee against the cancellation of her Child (Migrant) (Class AH) visa. The Department of Home Affairs had cancelled Ms Aryee's visa on the grounds that it was not satisfied as to her identity, citing discrepancies in her personal details provided across various applications and conflicting information regarding her family relationships. The Administrative Appeals Tribunal was required to determine whether the grounds for cancellation under section 116(1)(aa) of the Migration Act 1958 (Cth) were met and, if so, whether to exercise its discretion not to cancel the visa.

The Tribunal was tasked with assessing whether the discrepancies in dates of birth for Ms Aryee's parents, changes in family names, and conflicting claims about her mother's identity and relationship to her sister, raised sufficient doubt about Ms Aryee's identity to warrant visa cancellation. The Tribunal also considered the purpose of Ms Aryee's travel and stay in Australia, her compliance with visa conditions, and the degree of hardship that cancellation might cause, including financial, psychological, and emotional impacts, as well as her established relationships and studies in Australia.

The Tribunal found that the ground for cancellation under section 116(1)(aa) did not exist, meaning the power to cancel the visa did not arise. Even if it had found grounds for cancellation, the Tribunal indicated it would have exercised its discretion not to cancel the visa. This decision was based on Ms Aryee fulfilling the purpose of her visa by being reunited with her father and siblings in Australia, her ongoing studies towards a Bachelor of Nursing, her long-term relationship and intention to marry, and the significant emotional and financial support she provided to her mother and received from her sister. The Tribunal accepted evidence of these circumstances, including statements from Ms Aryee and her sister, and concluded that cancellation would negatively impact her finances and mental health.

The Tribunal set aside the decision under review.