Daleha (Migration)

The applicant, Daleha, sought review of the decision to cancel her Subclass 155 (Five Year Resident Return) visa. The dispute concerned allegations of non-compliance with the *Migration Act 1958* (Cth) in relation to the applicant's identity and previous visits to Australia under a different identity, which was supported by facial imaging comparisons. The matter was heard by Senior Member Kira Raif of the Administrative Appeals Tribunal.

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 a manner that justified the cancellation of her visa. This involved determining the veracity of the applicant's identity information provided, particularly in light of evidence suggesting previous entries into Australia under a different identity and an unlawful status during those periods. The Tribunal also considered the applicant's personal circumstances, including her children's health and conditions in her home country, in assessing whether to affirm the cancellation decision.

The Tribunal concluded that there had been non-compliance by the applicant as described in the notice given under section 107 of the *Migration Act 1958* (Cth). Having regard to all the relevant circumstances, the Tribunal affirmed the decision to cancel the applicant's Subclass 155 (Five Year Resident Return) visa.