Mulhare (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), held by the applicant, Mulhare. The dispute centred on whether the applicant had failed to notify the Department of Home Affairs of a change in circumstances as soon as practicable, as required by the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the applicant had provided contradictory information to the Department regarding the cessation of her relationship, and if so, whether this constituted a failure to notify of a change in circumstances that would justify the cancellation of her visa. The Tribunal was required to determine if the evidence sufficiently established that the relationship had ended prior to the visa being granted.

The Tribunal considered evidence of relationship difficulties, counselling, and attempts to reconcile. It found that the information provided to the Department, while potentially containing some inconsistencies, did not definitively establish that the relationship had ended before the visa was granted. Consequently, the Tribunal concluded that it was not satisfied that the applicant had failed to comply with her notification obligations in the manner alleged by the Department. As the discretionary power to cancel the visa did not arise, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa.