Qureshi (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant whose Subclass 101 (Child) visa was subject to potential cancellation. The dispute arose from the Department's intention to cancel the visa based on alleged non-compliance with notification requirements concerning changes in circumstances, specifically a spousal relationship and engagement that were not disclosed in the visa application.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the notification requirements as described in the notice issued under section 107 of the Migration Act 1958 (Cth). This required the Tribunal to determine if the circumstances of the applicant's engagement constituted a change of circumstances that ought to have been notified, and if the failure to notify, as alleged by the Department, was sufficient to trigger the discretionary power to cancel the visa.

The Tribunal found that it was not satisfied that the applicant had engaged in non-compliance in the manner specified in the notice. Consequently, the Tribunal concluded that the discretionary power to cancel the applicant's visa did not arise. The Tribunal therefore set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 101 (Child) visa.