Azimi (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning the applicant, Mr. Azimi, and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on the cancellation of Mr. Azimi's Subclass 117 (Orphan Relative) visa, which was based on the ground that he had provided incorrect information in his visa application, specifically regarding the death of both his parents.

The primary legal issue before the Tribunal was whether the applicant had provided incorrect information in his visa application, thereby triggering the discretionary power to cancel his visa under section 107 of the Migration Act 1958 (Cth). This required the Tribunal to assess the evidence presented regarding the death of the applicant's parents and the method of financial transfers, which was alleged to be indicative of the parents' continued existence.

The Tribunal found that the information provided by the applicant, including a single money transfer via the hawala method and possession of identity documents, did not constitute sufficient probative information to satisfy the Minister that the applicant had provided incorrect information. The Tribunal noted that while the hawala method was mentioned, there was no evidence to suggest it was used to support the parents. Crucially, the Tribunal was not satisfied that there was non-compliance by the applicant as described in the notice given under section 107 of the Act. Consequently, the discretionary power to cancel the visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 117 (Orphan Relative) visa.