GECHESKI (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Partner (Residence) (Class BS) visa, subclass 801, held by the applicant, Gecheski. The dispute centred on whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in his visa application, leading to the cancellation of his visa by the Department.

The primary legal issues before the Tribunal were whether the applicant had failed to provide correct information in his visa application, specifically concerning his marital status and the claimed date of his relationship with the sponsor, and if so, whether the visa should be cancelled. The Tribunal was required to determine if the notice issued under section 107 of the Act, detailing the alleged non-compliance, was valid and if the grounds for cancellation under section 109 of the Act were met.

The Tribunal found that the applicant had indeed failed to provide correct information. It was established that the applicant was legally married to Ms Humphries at the time of his visa application and had not disclosed this fact. Furthermore, the Tribunal noted that the applicant claimed to have met the sponsor at a party in Australia on New Year's Eve 2010, yet evidence indicated the applicant was overseas at that time. The Tribunal concluded that these omissions and inaccuracies were significant and demonstrated a deliberate attempt to mislead the Department, thus providing a valid ground for visa cancellation under section 109 of the Act.

The Tribunal affirmed the decision to cancel the applicant's visa.