Karami (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass AH-117 visa held by the applicant, Karami. The dispute arose from allegations that the visa holder had provided incorrect information regarding her date of birth in her visa application, which could render her ineligible for the visa.

The primary legal issue before the Tribunal was whether the visa holder had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing an incorrect date of birth in her application for a Subclass AH-117 visa. This involved determining if the information provided was indeed incorrect, and if so, whether this constituted a breach of the Act that warranted visa cancellation. The Tribunal also considered whether the notice issued under section 107 of the Act complied with statutory requirements and if the delegate had reached the necessary state of mind to engage the cancellation power.

The Tribunal found that the visa holder had declared her date of birth as 1 January 1997 in her application for the Subclass AH-117 visa, which would have made her 12 years old at the time and eligible for the visa requiring applicants to be under 18. However, previous applications by her brother and father, and a proposal by her brother, consistently stated her date of birth as 1990, which would have made her 18 years and over at the time of her Subclass AH-117 application. The Tribunal concluded that the information provided in the visa application was incorrect, and that the notice issued under section 107 of the Act complied with the statutory requirements.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 117 (Orphan Relative) visa.