Galapon (Migration)

This matter concerned an appeal by the applicant, Galapon, against the cancellation of their Partner (Residence) (Class BS) Subclass 801 visa. The cancellation was based on the applicant's alleged failure to notify the Department of Home Affairs of changes in their circumstances, specifically regarding the commencement date of their de facto relationship. The applicant contended that any inaccuracy in the information provided was due to a genuine mistake and that they had not engaged in non-compliance. The decision was made by Russell Matheson, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with their obligations under section 104 of the Migration Act 1958, which requires visa holders to notify the Department in writing of any changes in circumstances that render an answer on their application form incorrect. The Tribunal was required to determine if the applicant's explanation for the discrepancy in the de facto relationship commencement date constituted a genuine mistake, thereby negating non-compliance, or if it amounted to a breach of their statutory duty.

The Tribunal found that the applicant had provided credible evidence and testimony regarding the commencement date of their de facto relationship. It was satisfied that the applicant had made a genuine mistake in stating the commencement date on their application form and that this mistake was not indicative of deliberate deception or a failure to comply with the notification requirements of section 104. Applying the principles of statutory interpretation and considering the applicant's explanation, the Tribunal concluded that there was no non-compliance with the Act.

Consequently, the Tribunal set aside the decision under review to cancel the applicant's Subclass 801 visa and substituted a decision that the visa should not be cancelled.