Doan (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Visitor (Class FA) visa, Subclass 600, held by the applicant, Ms. Doan. The dispute arose from the Department's decision to cancel Ms. Doan's visa, which she contended was based on inadequate notification procedures. The Tribunal was tasked with determining whether the cancellation decision was validly made.

The primary legal issue before the Tribunal was whether the Department had complied with its notification obligations under section 119 of the Migration Act 1958 (Cth) before cancelling Ms. Doan's visa. Specifically, the Tribunal had to consider whether Ms. Doan was provided with a copy of the written Notice of Intention to Consider Cancellation (NOICC), informed of the grounds for potential cancellation, and given an opportunity to respond. A related issue was whether the lack of an authorised interpreter during the notification process impacted the validity of the Department's actions.

The Tribunal found that the Department had failed to provide Ms. Doan with a copy of the NOICC and the information forming the basis of the potential cancellation. Evidence indicated that Ms. Doan, who had difficulty with English, was only provided with Part C of the notification, which informed her of the decision to cancel her visa, rather than the preceding notice of intention to consider cancellation. The Tribunal accepted Ms. Doan's statutory declaration that she was not provided with the NOICC and that her son had to assist with communication due to her limited English. Consequently, the Tribunal concluded that the notification requirements under section 119 had not been met.

As a result of the non-compliance with the statutory notification requirements, the Tribunal set aside the Department's decision to cancel Ms. Doan's visa and substituted a decision not to cancel the visa.