Ghebre (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant whose Subclass 202 (Global Special Humanitarian) visa was subject to potential cancellation. The dispute centred on whether the applicant had complied with a notice issued under section 107 of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was to determine whether the applicant had failed to comply with the section 107 notice and, if so, whether there were sufficient relevant circumstances to warrant a decision not to cancel the visa.

The Tribunal found that there had been non-compliance by the applicant in the manner described in the section 107 notice. However, after considering all the relevant circumstances, the Tribunal concluded that these circumstances were such that the visa should not be cancelled. Accordingly, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s visa.