Sabire (Migration)

The Administrative Appeals Tribunal considered the case of Sabire, an applicant whose Subclass 100 (Spouse) visa was cancelled. The dispute centred on allegations that the applicant failed to notify the Department of Immigration of changes in her circumstances, specifically regarding a relationship with a person other than her sponsor and the birth of a child with that person, which rendered previous answers on her visa application incorrect. The Tribunal was required to determine whether the delegate had properly engaged section 107 of the Migration Act 1958 and whether the notice issued under that section complied with statutory requirements.

The Tribunal's reasoning focused on the provisions of the Migration Act 1958 concerning visa cancellation due to incorrect information or changes in circumstances. It was satisfied that the delegate had reached the necessary state of mind to engage section 107 and that the Notice of Intention to Consider Cancellation (NOICC) issued was compliant. The Tribunal found that the applicant had failed to comply with section 104 of the Act by not informing the Department of her new circumstances and the resulting incorrectness of her previous answers before she was immigration cleared for her Subclass 309 visa and before the grant of her Subclass 100 visa. Section 99 of the Act was applied to establish that information provided, or not provided, in relation to a visa application is taken as an answer to a question, and section 100 clarifies that an answer can be incorrect even if the applicant was unaware of the inaccuracy.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 100 (Spouse) visa. It concluded that there had been non-compliance by the applicant as particularised in the section 107 notice and, having regard to all relevant circumstances, determined that the visa should be cancelled.