Hussein (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of *Hussein (Migration)*, which concerned the cancellation of a Subclass 190 Skilled Nominated visa. The applicant, Mr. Hussein, had provided incorrect information and failed to disclose health issues in his visa application. The AAT affirmed the decision to cancel Mr. Hussein's visa, finding that he did not meet the health requirements for the visa. The Tribunal also noted that it had no jurisdiction concerning the other applicants.

The primary legal issue before the Tribunal was whether the decision to cancel Mr. Hussein's Subclass 190 visa was correct. This involved determining whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and whether, in light of all the circumstances, the visa should be cancelled. A key aspect of the dispute was the applicant's reliance on the advice of a migration agent, and whether this excused his failure to disclose relevant health information.

The Tribunal reasoned that the applicant is ultimately responsible for the content of the visa application form, regardless of who prepared it or what advice was given. The failure to disclose health issues meant that the applicant did not meet the health requirements stipulated for the visa. Consequently, the Tribunal concluded that there had been non-compliance as described in the notice given under section 107 of the *Migration Act 1958* (Cth), and that the visa cancellation was therefore justified. The Tribunal affirmed the decision to cancel the visa.