Azimi (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Azimi, concerning the cancellation of a Subclass 117 (Orphan Relative) visa. The applicant's visa was subject to cancellation due to concerns about a single money transfer, purportedly made to the applicant's deceased parents via the hawala method, with no evidence that the parents were the intended beneficiaries.

The central legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the Migration Act 1958 (Cth) in a manner that would justify the cancellation of their visa. Specifically, the Tribunal had to determine if the circumstances surrounding the money transfer constituted non-compliance as described in the notice given under section 107 of the Act.

The Tribunal reasoned that for the discretionary power to cancel the applicant's visa to arise, there must be a finding of non-compliance as described in the section 107 notice. In this instance, the Tribunal was not satisfied that such non-compliance had been established. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 117 (Orphan Relative) visa.