Auque Arevalo (Migration)

The Administrative Appeals Tribunal considered the case of Auque Arevalo, who sought review of a decision to cancel their Subclass 101 (Child) visa. The applicant had been notified of alleged non-compliance with the *Migration Act 1958* (Cth) under section 107.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the Act as alleged in the section 107 notice. If non-compliance was established, the Tribunal was then required to consider whether, in all the relevant circumstances, the visa should be cancelled or if discretion should be exercised not to cancel it.

The Tribunal found that there had been non-compliance by the applicant in the manner described in the section 107 notice. However, after considering all the relevant circumstances, the Tribunal concluded that the visa should not be cancelled. Consequently, the Tribunal set aside the original decision to cancel the visa and substituted a decision not to cancel the applicant’s Subclass 101 (Child) visa.