Huynh (Migration)

This matter concerned an appeal by the applicant, Mr Huynh, against the cancellation of his Partner (Residence) (Class BS) visa, subclass 801. The cancellation was based on the delegate's findings that the applicant had provided incorrect information in his visa applications and during an interview. Specifically, the delegate found that the applicant had failed to declare his child, Sky, residing in Australia, and had falsely claimed a mutual commitment to his sponsor, Ms Le, to the exclusion of all others, as he had commenced a relationship with Ms Nguyen since at least 2016.

The primary legal issues before the Tribunal were whether the applicant had failed to disclose family members residing in Australia and whether his relationship with Ms Le was genuinely and exclusively committed to the exclusion of all others at the time of his visa applications. The Tribunal was also required to consider the applicant's explanations for the discrepancies, including his English language proficiency and the circumstances surrounding the conception and birth of his child with Ms Nguyen.

The Tribunal found that the applicant's claims were inconsistent and implausible. It noted that the applicant had stated he had no family members in Australia when his child Sky, born in 2017, resided there. Furthermore, the Tribunal was not satisfied that the applicant's relationship with Ms Le was exclusive, given evidence of his relationship with Ms Nguyen, including financial support, provision of accommodation, and the conception of their child. The Tribunal also found the applicant's explanation regarding his English proficiency unconvincing, particularly as other instances of non-compliance related to written information. The Tribunal concluded that the delegate had correctly identified grounds for cancellation under section 101 of the Migration Act 1958 (Cth) and that the cancellation decision was affirmed.