Salama (Migration)

This matter concerned the affirmation of a decision to cancel the applicant's Return (Residence) (Class BB) visa, Subclass 155 (Five Year Resident Return). The dispute arose from allegations of non-compliance with the *Migration Act 1958* (Cth) (the Act), specifically concerning the provision of correct information in previous visa applications and the notification of changes in circumstances. The decision was made by Deputy President Justin Owen of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant had failed to comply with sections 101 and 104 of the Act, as particularised in the notice issued under section 107, and if so, whether the visa should be cancelled. The alleged non-compliance included failing to record all family members, including children, in a Partner visa application, failing to notify the Department of the birth of a child, and incorrectly stating his relationship status as divorced when he was married.

The Tribunal reasoned that while the applicant relied on Egyptian religious and cultural traditions to explain his taking a second wife and fathering a child, this did not render the information irrelevant to Australian migration law. The Tribunal noted that regulation 1.15A of the *Migration Regulations 1994* (Cth) defines a spouse as having a mutual commitment to a shared life to the exclusion of all others. The Tribunal found that the applicant's failure to report the birth of his child and his marriage to Ms Halawa, despite stating he was divorced in a subsequent visa application, constituted non-compliance with the Act. The Tribunal affirmed the delegate's decision to cancel the applicant's visa.