Ladignon (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 187 Regional Sponsored Migration Scheme visa. The applicant had failed to notify the Department of a change in marital status, as their relationship had ceased, and had provided an incorrect answer in relation to their circumstances. The applicant was the sole carer of her two Australian permanent resident children.

The legal issues before the Tribunal were whether the notice of intention to consider cancellation issued by the Minister's delegate complied with the requirements of section 107 of the Migration Act 1958, and whether the applicant had failed to comply with the provisions of the Act, specifically section 104 concerning notification of changes in circumstances. The applicant's representative argued that the notice was invalid because it failed to consider relevant sub-regulations of Regulation 1.12, which would have demonstrated that the applicant remained a secondary applicant and a 'MOFU' (member of the family unit) for the visa process.

The Tribunal found that while there was non-compliance by the applicant as described in the notice, the decision to cancel the visa should be set aside. The Tribunal considered the applicant's circumstances, including her role as the sole carer of her children, and concluded that cancellation was not warranted. The Tribunal therefore substituted a decision not to cancel the applicant's visa.