Aziz (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Subclass 189 Skilled Independent visa. The dispute arose from the applicant's failure to declare two of her children as migrating family members in her visa application, which led to a notice of intention to cancel the visa under s.107 of the Migration Act 1958 (Cth). The applicant argued that these children, who were US citizens, were not intending to migrate to Australia at the time of the application and that their subsequent inability to return to Pakistan due to visa issues was a relevant circumstance.

The primary legal issue before the Tribunal was whether the applicant had provided incorrect information in her visa application, and if so, whether the visa should be cancelled, or if exceptional circumstances warranted a decision not to cancel. The Tribunal was required to assess the applicant's compliance with the Act and consider all relevant circumstances in determining the appropriate course of action.

The Tribunal found that while there was non-compliance in the way described in the notice given under s.107, it concluded that, having regard to all the relevant circumstances, the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 189 Skilled Independent visa.