Nallasamy (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of the applicant's Subclass 155 (Five Year Resident Return) visa. The dispute arose from the applicant's alleged failure to notify the Department of Home Affairs of a change in circumstances, specifically a religious wedding and the birth of a child with the sponsor's sister, which the applicant argued did not constitute a de facto relationship or legal marriage.

The Tribunal was required to determine whether the applicant had failed to notify the Department of a change of circumstances as required by section 107 of the Migration Act 1958 (Cth). It also had to consider whether the birth of a child constituted a change of circumstance, and whether the applicant's circumstances, including their relationship with the child and potential hardship, warranted the exercise of discretion to affirm the visa cancellation.

The Tribunal found that the applicant had not complied with the notification requirements under section 107. While acknowledging the applicant's religious marriage and the birth of a child, the Tribunal concluded that these events, in the context of the applicant's brief sexual relationship and lack of an initial relationship with the child, did not amount to a de facto relationship or legal marriage. The Tribunal determined that the birth of the child was a change of circumstance. After considering all relevant factors, including the best interests of the child and potential hardship, the Tribunal affirmed the decision to cancel the applicant's visa.