Javid (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Javid (the applicant) concerning the cancellation of his Subclass 117 (Orphan Relative) visa. The dispute arose from the applicant providing incorrect information and financial support to his parents from Australia, including allegations of a car accident fatality and the use of his parents' bank account, with their whereabouts subsequently unknown and a purported death certificate being presented.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) (the Act) in a manner that warranted the cancellation of his visa. Specifically, the Tribunal had to determine if the applicant had provided incorrect answers or engaged in conduct that contravened the provisions of section 107 of the Act, and if, in light of all circumstances, the cancellation decision was justified.

The Tribunal found that the applicant had indeed failed to comply with the requirements as outlined in the notice given under section 107 of the Act. After considering all the relevant circumstances, including the provision of financial support to his parents from Australia and the circumstances surrounding their alleged death, the Tribunal concluded that the visa cancellation was appropriate. Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 117 (Orphan Relative) visa.