Qasemi (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to cancel the applicant's Contributory Parent (Class CA) (Subclass 143) visa. The dispute centred on whether the applicant had failed to comply with certain provisions of the *Migration Act 1958* (Cth), which could lead to visa cancellation under section 109 of the Act. The Minister's delegate had issued a notice under section 107 of the Act, particularising the alleged non-compliance, and subsequently cancelled the visa.

The primary legal issue before the Tribunal was to determine whether the applicant had engaged in non-compliance as described in the section 107 notice, and if so, whether the visa should be cancelled. The Tribunal was required to consider the validity of the section 107 notice and the substance of the alleged non-compliance.

The Tribunal found that the section 107 notice complied with the statutory requirements and that the delegate had reached the necessary state of mind to engage section 107. Crucially, the applicant conceded that the non-compliance, as identified and particularised in the section 107 notice, had occurred. While the applicant's representative provided an explanation and context for this non-compliance, the Tribunal affirmed the delegate's decision to cancel the visa, concluding that cancellation was appropriate in all the relevant circumstances.