Assi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 444 (Special Category) visa was subject to cancellation. The dispute arose because the applicant's New Zealand passport was deemed a bogus document, which constituted grounds for cancellation under the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether, despite the existence of grounds for cancellation, the applicant's visa should be cancelled, or if the decision to cancel should be set aside. This required the Tribunal to consider all relevant circumstances, including any hardship that cancellation might impose on the applicant.

The Tribunal found that while non-compliance, as described in the notice given under section 107 of the Act, had occurred, it ultimately concluded that the visa should not be cancelled. In reaching this decision, the Tribunal had regard to all relevant circumstances, including the applicant's personal situation, which involved family members residing in Australia. Consequently, the Tribunal set aside the original decision to cancel the visa and substituted a decision not to cancel the applicant's Subclass 444 visa.