Kamara (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 101 (Child) visa held by the applicant, Kamara. The dispute arose from the applicant's alleged failure to notify the Department of Home Affairs of a change in their circumstances, specifically their marital status, which was a ground for cancellation under section 107 of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the applicant had indeed failed to notify the relevant authority of a change in circumstances as required by law. Furthermore, the Tribunal had to consider whether, in the exercise of its discretion, the cancellation of the visa should be affirmed, taking into account all relevant factors, including the degree of hardship that might result from cancellation and whether the visa had been granted based on a failure to notify of changes.

In its reasoning, the Tribunal found that the applicant had not complied with the notification requirements under section 107 of the Act. After weighing all the circumstances, including factors favouring cancellation and any potential hardship, the Tribunal concluded that the non-compliance was significant and that the visa should be cancelled. The Tribunal gave the factors weighing in favour of cancellation the greatest weight.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 101 (Child) visa.