SALEH (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse), held by the applicant, Mr. Saleh. The dispute arose from the Department of Home Affairs' decision to cancel Mr. Saleh's visa, which the AAT was asked to review. The grounds for cancellation related to Mr. Saleh's alleged non-compliance with visa conditions, specifically concerning his relationship with his sponsor and the existence of a child outside that relationship.

The primary legal issue before the Tribunal was whether the applicant had failed to satisfy the criteria for the Subclass 801 visa, as contemplated by section 107 of the Migration Act 1958 (Cth). This involved determining if the applicant's relationship with his sponsor had genuinely broken down, and if the circumstances surrounding a child born outside the relationship, and the applicant's cohabitation with another woman, constituted a failure to meet the requirements of the visa. The Tribunal also had to consider the best interests of the child and whether the applicant had provided inconsistent information.

The Tribunal affirmed the decision to cancel the visa, concluding that there had been non-compliance by the applicant as described in the notice given under section 107 of the Act. Having regard to all the relevant circumstances, including the breakdown of the relationship with the sponsor, the existence of a child outside the marriage, and the applicant living at the same address as another woman, the Tribunal found that the visa should be cancelled. The Tribunal's decision was that the visa cancellation was justified.