Ater (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant whose Subclass 202 (Global Special Humanitarian) visa was subject to cancellation. The dispute arose from the applicant providing information that was later found to be incorrect regarding their relationship to a sponsor, specifically concerning whether they were a biological relative. The applicant had been informally adopted and had significant mental health issues, and the Tribunal was asked to determine whether these factors, along with the applicant's contribution to society and the potential for significant hardship, warranted setting aside the cancellation decision.

The primary legal issue before the Tribunal was whether the applicant's circumstances constituted a "genuine family unit" and whether the applicant would suffer "significant hardship" if required to leave Australia, thereby justifying the non-cancellation of their visa. The Tribunal was required to assess the applicant's overall situation, including their mental health, their integration into Australian society, and the lack of support networks in their country of origin, against the criteria for maintaining their humanitarian visa.

In its reasoning, the Tribunal accepted that the applicant would experience a significant degree of hardship if forced to leave Australia. It acknowledged the country information regarding the situation in South Sudan and noted that the applicant was unlikely to have family or other support in their home country due to their extended period of residence in Australia. Considering all these circumstances, the Tribunal concluded that the visa should not be cancelled. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 202 visa.