Ho (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 100 (Spouse) visa granted to the applicant. The Department of Home Affairs had cancelled the visa on the grounds that the applicant had ceased to have a genuine and committed spousal relationship with her sponsor. The applicant had advised Centrelink of her separation from her partner prior to the permanent visa being granted.

The Tribunal was required to determine whether the applicant’s Subclass 100 visa should be cancelled, having regard to the circumstances of the relationship and the applicant's conduct. Specifically, the Tribunal had to assess the credibility of the applicant's claims regarding the relationship and whether the grounds for cancellation were established.

The Tribunal found that the applicant had not maintained a genuine and committed spousal relationship with her sponsor. It noted that the applicant had spent no time with her sponsor since her arrival in Australia and had informed Centrelink of their separation before the permanent visa was granted. The Tribunal concluded that the significance of this breach outweighed other considerations, leading it to affirm the decision to cancel the visa.