Promsopa (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Promsopa (the applicant) concerning the cancellation of her Subclass 100 (Spouse) visa. The dispute arose from the applicant's alleged failure to comply with the requirements of the Act, specifically in relation to her relationship with her sponsor and her obligations to inform the Department and Centrelink of changes in her circumstances.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the conditions of her visa, as outlined in a notice issued under section 107 of the Migration Act 1958 (Cth). The Tribunal was required to determine if the applicant's relationship with her sponsor was not to the exclusion of all others, and if she had failed to inform the Department and Centrelink about the breakdown of her relationship and changes to her visa status. A further consideration was whether the cancellation of the visa would adversely affect the best interests of the applicant's child.

The Tribunal found that the applicant had indeed failed to comply with the notice given under section 107 of the Act. Having regard to all the relevant circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s Subclass 100 (Spouse) visa.