Mubashir (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of a visa holder whose Partner (Migrant) (Class BC) Subclass 100 visa was subject to cancellation. The dispute arose from the applicant's failure to notify the Department of Immigration of a change in her circumstances, specifically her engagement, which meant she was no longer considered a "member of the family unit" of her father, the principal applicant, under the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant had complied with her obligations under section 104 of the Migration Act 1958, which requires visa holders to notify officers in writing of changes in circumstances that render an answer on their application form incorrect. The Tribunal also had to determine, pursuant to section 109 of the Act, whether the applicant's Subclass 100 visa should be cancelled, given the finding of non-compliance.

The Tribunal found that the applicant had indeed failed to notify the Department of her engagement, which occurred on 12 June 2014, prior to the grant of her visa on 22 July 2014. This constituted non-compliance with section 104. However, in considering whether to cancel the visa, the Tribunal had regard to the applicant's circumstances, including her claims of inadvertent non-compliance due to a lack of understanding of migration law and English, her continued dependence on her father, and the nature of her engagement as an informal understanding. The Tribunal also noted her current circumstances, including being married, having an Australian-born child, and being a valuable member of the community.

The Tribunal set aside the decision to cancel the applicant's Subclass 100 visa and substituted a decision not to cancel it. The visa holder was permitted to retain her visa.