Redak (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a subclass 155 (Five Year Resident Return) visa held by the applicant, Redak. The Minister had initiated the cancellation process on the grounds that the applicant had provided incorrect information in their visa application. The applicant, who was a victim of domestic violence, sought review of the Minister's decision.

The primary legal issue before the Tribunal was whether the Minister had correctly determined that the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information. This involved an assessment of the applicant's original visa application and the information subsequently provided in response to the notice of non-compliance. The Tribunal also had to consider whether the prescribed circumstances for cancellation, as outlined in the regulations, were met.

The Tribunal found that the applicant had indeed provided incorrect information in their visa application. However, the Tribunal also had regard to the applicant's circumstances as a victim of domestic violence, which were considered relevant prescribed circumstances. The Tribunal reasoned that while the applicant had technically failed to comply with the visa conditions, the specific context of domestic violence warranted a different approach. The Tribunal ultimately set aside the decision to cancel the visa.