Dao (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Partner (Residence) (Class BS) visa, subclass 801 (Spouse), held by Ms. Dao. The Department of Home Affairs had cancelled Ms. Dao's visa on the grounds that she provided incorrect information in her visa application, specifically concerning her relationship status and the genuineness of her relationship with her sponsor. The core of the dispute revolved around Ms. Dao's failure to disclose a previous marriage and child, and the presentation of a false Single Status Certificate from Vietnam, which the Department argued indicated a lack of a genuine and exclusive relationship.

The AAT was required to determine whether Ms. Dao had failed to meet the criteria for the visa by providing incorrect information, and whether the Department had correctly applied the provisions relating to visa cancellation. Specifically, the Tribunal had to assess whether the undisclosed previous marriage and child, coupled with the false certificate, demonstrated that Ms. Dao did not satisfy the requirement of being in a genuine and exclusive relationship with her sponsor at the time of the application, or that she had otherwise contravened a condition of her visa by providing false information.

In its reasoning, the AAT affirmed the Department's decision to cancel the visa. The Tribunal found that Ms. Dao had indeed provided incorrect information by failing to disclose her previous marriage and child, and by submitting a false Single Status Certificate. The Tribunal accepted that the sponsor was unaware of the previous marriage, which further undermined the claim of a genuine and exclusive relationship. The late disclosure of the current relationship with the new partner was also considered. The AAT concluded that these failures constituted a failure to meet the visa requirements and a contravention of the conditions of the visa, justifying its cancellation.