Maharjan (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 887 (Skilled - Regional) visa held by the applicant, Mr. Maharjan. The Department of Home Affairs had cancelled the visa on the grounds that Mr. Maharjan had provided incorrect information in his visa application regarding his marital status and had failed to notify the Department of the existence of a child. The dispute centred on whether Mr. Maharjan had been in a de facto relationship and when that relationship ended, and whether his non-disclosure constituted a failure to comply with his notification obligations.

The Tribunal was required to determine whether the applicant had failed to comply with the notification requirements under section 107 of the *Migration Act 1958* (Cth) by not disclosing his marital status and the existence of a child. Furthermore, the Tribunal had to consider whether, in the exercise of its discretion, the visa should be cancelled, taking into account all relevant circumstances, including the potential for significant hardship to the applicant.

In its reasoning, the Tribunal found that while there may have been non-compliance as described in the notice given under section 107, it concluded that, having regard to all the relevant circumstances, the visa should not be cancelled. The Tribunal considered the applicant's situation and determined that cancellation was not warranted. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Maharjan's Subclass 887 visa. The Tribunal noted it had no jurisdiction concerning any other applicant.