Li (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to cancel their Subclass 155 (Five Year Resident Return) visa. The dispute centred on whether the applicant had complied with the conditions of the visa, specifically concerning the genuineness and continuity of their relationship, and whether the visa should be cancelled in light of new circumstances.

The Tribunal was required to determine whether the applicant had failed to meet the criteria for the visa, particularly in relation to a claimed change in their relationship status and the timing of these events relative to the visa grant. It also had to consider whether, in the exercise of its discretion, the visa cancellation was justified, taking into account various factors including the applicant's personal circumstances, business plans, community contributions, health, and the best interests of their child. The Tribunal also had to assess the risk of harm to the applicant if returned to their home country, considering available country information.

In its reasoning, the Tribunal found that the applicant had not complied with the requirements as described in the notice given under s.107 of the Migration Act 1958 (Cth). The Tribunal concluded that, after considering all relevant circumstances, including the applicant's pregnancy to another man before the visa was granted, the claimed sudden end of one relationship and commencement of another shortly after the visa grant, and the new partner's subsequent visa application, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.