Ivanka (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Subclass 801 (Partner) visa. The dispute arose from allegations that the applicant provided incorrect information in their visa application concerning the relationship status of a dependent child, describing it as a "juvenile romance" or "childhood sweethearts" rather than a de facto relationship.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in their visa application, specifically regarding the nature of the dependent child's relationship. This involved assessing whether the description given constituted an "incorrect answer" as defined by the Act, and if so, whether the grounds for cancellation of the visa were established.

Senior Member Michael Cooke reasoned that the Tribunal was not satisfied that the applicant had engaged in non-compliance as described in the notice issued under section 107 of the Act. Consequently, the discretionary power to cancel the applicant's visa did not arise. The Tribunal applied the principles of sections 100 and 101 of the Act, which relate to incorrect answers in visa applications, and section 109, which outlines the Minister's power to cancel a visa following a finding of non-compliance.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 801 (Spouse) visa.