Nyata (Migration)

The Administrative Appeals Tribunal considered an application by Mr Nyata concerning the cancellation of his Subclass 155 (Five Year Resident Return) visa. The dispute arose from incorrect answers provided in Mr Nyata's visa application, specifically regarding his biological child and his wife's previously used name. The application forms had been completed by his former spouse, and Mr Nyata also had further children in Australia and South Sudan.

The Tribunal was required to determine whether the decision to cancel Mr Nyata's visa should be affirmed. This involved assessing the weight to be given to the circumstances surrounding the non-compliance in the visa application, Mr Nyata's past instances of non-compliance or breaches of the law, his candour in dealings with the Tribunal and other authorities, and his remorse.

The Tribunal acknowledged that there were strong reasons why the visa should not have been cancelled. However, it ultimately placed greater weight on the factors of non-compliance, past breaches, lack of candour, and lack of remorse. Having regard to all these circumstances, the Tribunal concluded that the visa cancellation was appropriate. The Tribunal affirmed the decision to cancel Mr Nyata's Subclass 155 visa.