Eromosele (Migration)

The applicant, Eromosele, sought review of a decision to cancel her Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The cancellation was based on allegations of providing incorrect information in her visa application, specifically concerning amended birth certificates for her children and an undeclared relationship with a deceased former partner. The applicant had also been employed in the disability sector, and the best interests of her Australian citizen child were a consideration.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of section 107 of the Migration Act 1958 (Cth) in a manner that warranted visa cancellation. This involved assessing the nature and significance of the alleged incorrect information provided in the visa application and considering whether, in all the relevant circumstances, the visa should be cancelled. The Tribunal was also required to consider the best interests of the Australian citizen child.

The Tribunal found that while there was non-compliance as described in the notice given under section 107 of the Act, it concluded that, having regard to all the relevant circumstances, the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 801 visa.