Behari (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Behari, who sought review of a decision to cancel their Subclass 444 (Special Category) visa. The cancellation was based on the applicant providing incorrect information on their Incoming Passenger Card, specifically failing to disclose a criminal history in Australia, which included being subject to an Apprehended Violence Order and undertaking community work.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in relation to the information provided on their Incoming Passenger Card. The Tribunal was also required to determine, having regard to all relevant circumstances, whether the visa cancellation should be affirmed.

The Tribunal found that the applicant had indeed failed to comply with the requirements of section 107 of the *Migration Act 1958* (Cth) by providing incorrect information on their Incoming Passenger Card. In reaching its decision to affirm the cancellation, the Tribunal considered the applicant's criminal history, the fact that they had no family in New Zealand, and other relevant circumstances. The Tribunal concluded that the visa cancellation was justified.