Montalban (Migration)

The Administrative Appeals Tribunal (AAT) considered an appeal by Mr Montalban against the cancellation of his Subclass 155 (Five Year Resident Return) visa. The dispute arose from the applicant's failure to disclose material information in his visa application, specifically the existence of his child and a relationship, which the Tribunal found to be relevant to the assessment of his eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that justified the cancellation of his visa. This involved determining whether the undisclosed information was relevant to the visa grant criteria and, if so, whether this non-compliance, in light of all relevant circumstances, warranted the affirmation of the cancellation decision.

The Tribunal reasoned that the applicant's failure to disclose the existence of his child and a relationship in his visa application constituted non-compliance under section 107 of the *Migration Act 1958* (Cth). The Tribunal placed significant weight on these circumstances, finding them to be highly relevant to the assessment of the applicant's eligibility for the visa. It concluded that these factors outweighed any other considerations, leading to the decision that the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 155 (Five Year Resident Return) visa.