Ater (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 155 (Five Year Resident Return) visa held by the applicant, Ater. The dispute arose from allegations of non-compliance with the *Migration Act 1958* (Cth) due to incorrect information provided in a previous visa application, specifically concerning the applicant's identity, other names used, relationship history, family composition, and dates of birth.

The Tribunal was required to determine whether the applicant had failed to comply with the Act as alleged, and if so, whether the discretion to cancel the visa should be exercised. This involved assessing the relevance and materiality of the alleged incorrect information, the applicant's responsibility in completing visa applications, and the potential hardship that cancellation would cause, including the best interests of any children and the applicant's non-refoulement obligations in light of circumstances in South Sudan.

In its reasoning, the Tribunal acknowledged the applicant's non-compliance as described in the notice given under s.107 of the *Migration Act 1958* (Cth). However, after considering all relevant circumstances, including the extensive family links to Australia and the best interests of the children, the Tribunal concluded that the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa.