Desta (Migration)

This matter concerned an appeal by Ms Liya Gebresilassie Desta against the Minister's decision to cancel her permanent Partner (Subclass 100) visa. The applicant had been granted the visa on 8 September 2014, sponsored by Mr Abiy Ayele Ambaw, based on her stated marriage to him and intention to maintain a de facto relationship. The Minister's delegate subsequently issued a notice under section 107 of the *Migration Act 1958* (Cth) alleging non-compliance with section 101 of the Act, specifically that incorrect answers were provided in her visa application. The applicant did not respond to this notice, and the delegate decided to cancel her visa.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect answers in her visa application, and if so, whether the cancellation of her visa was justified. Section 101 requires a non-citizen to complete their visa application form such that no incorrect answers are given. The Tribunal was satisfied that the delegate had properly engaged section 107 and that the notice issued complied with statutory requirements. The alleged non-compliance related to the applicant's assertion of a genuine, exclusive, and continuing de facto relationship with her sponsor, when evidence suggested she was in another committed relationship at the same time, which included Australian citizen children.

The Tribunal affirmed the decision to cancel the applicant's visa. It found that the applicant had indeed provided incorrect answers in her visa application, thereby contravening section 101 of the Act. The Tribunal considered the relevant circumstances and concluded that the visa should be cancelled. The decision was affirmed on the basis that the applicant failed to comply with the requirement to provide correct information in her visa application.