DHIR (Migration)

The Administrative Appeals Tribunal considered the case of DHIR, an applicant for a Skilled Independent (Subclass 189) visa, who had provided incorrect information in his application by failing to disclose his child, who is an Australian citizen. The primary dispute concerned whether the applicant's visa should be cancelled due to this non-compliance, with particular regard to the best interests of the Australian citizen child and the hardship that would be caused by cancellation.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in relation to his visa application, and if so, whether, having regard to all relevant circumstances, the visa should be cancelled. A key consideration was the impact of any cancellation decision on the best interests of the applicant's Australian citizen child and the potential hardship that might arise.

In its reasoning, the Tribunal found that there had been non-compliance by the applicant as described in the notice given under section 107 of the *Migration Act 1958* (Cth). However, after considering all the relevant circumstances, including the best interests of the Australian citizen child and the hardship that would ensue, the Tribunal concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 189 - Skilled - Independent visa. The Tribunal noted it had no jurisdiction concerning the other applicant.