Nguyen (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 155 (Five Year Resident Return) visa granted to the applicant, Ms. Nguyen. The cancellation was based on allegations of non-compliance with the *Migration Act 1958* (Cth), specifically concerning information provided in her visa application.

The Tribunal was required to determine whether the applicant had provided incorrect information in her application, leading to a finding of non-compliance under section 107 of the Act. This involved assessing whether the relationship presented for the visa was contrived and whether the applicant had failed to disclose relevant information regarding her marital status and the paternity of her children. The Tribunal also had to consider the best interests of the children in its overall assessment.

In reaching its decision, the Tribunal found that the applicant had not complied with the requirements of the Act as described in the notice given under section 107. The Tribunal noted the applicant's separation from her sponsor and remarriage shortly after the visa grant, as well as the issue of paternity of her children, and the failure to obtain a paternity test. Having regard to all these circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s Subclass 155 visa.