KEITA (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr Keita's Subclass 155 (Five Year Resident Return) visa. The dispute arose from allegations that Mr Keita failed to advise of changes in his circumstances and provided incorrect answers in his visa application, specifically concerning his relationship with his sponsor.

The primary legal issue before the Tribunal was whether Mr Keita had failed to comply with sections 101 and 104 of the Migration Act 1958 (Cth), which require visa applicants to provide correct information and notify the Department of any changes in circumstances. The Tribunal also had to determine if the notice issued under section 107 of the Act, detailing the alleged non-compliance, was valid and if the cancellation of the visa was warranted.

The Tribunal found that Mr Keita's sponsor gave birth to twins to another man after Mr Keita applied for his Prospective Marriage visa. This constituted a significant change in circumstances that rendered the information provided in his application incorrect, as he had stated the sponsor had no children. The Tribunal rejected the submission that Mr Keita lacked knowledge of these events, noting his cooperation in the visa application process and his acknowledgment of the children's presence upon his arrival in Australia. The Tribunal concluded that the delegate had properly engaged section 107 and that the notice of non-compliance was valid. The Tribunal affirmed the decision to cancel Mr Keita's visa, finding that the non-compliance outweighed other considerations.