Sanaee (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 155 (Five Year Resident Return) visa of the applicant, Ms. Sanaee. The cancellation was based on allegations that her father, Bahram Ali Sanaee, provided incorrect information in a previous visa application for a subclass 115 (Remaining Relative) visa, in which Ms. Sanaee was a secondary applicant. The core of the dispute concerned whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether her visa should be cancelled.

The Tribunal was required to determine if the applicant had contravened section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect information in her father's visa application. This involved assessing whether the information provided regarding the status of her uncle, Ghulam Sakhi, was indeed incorrect, and whether this non-compliance, if established, warranted the cancellation of Ms. Sanaee's visa. The Tribunal also had to consider the validity of the notice issued under section 107 of the Act, which initiates the cancellation process.

The Tribunal found that while the notice issued under section 107 complied with statutory requirements and that the delegate had the necessary state of mind to engage the cancellation power, the specific ground for cancellation was not made out. The Tribunal did not accept submissions that Ms. Sanaee's father became aware of his brother's status only after May 2010, as detailed in a previous decision concerning Mr. Sanaee. However, the provided text does not elaborate on the specific reasoning for setting aside the cancellation, beyond stating that the Tribunal concluded the decision to cancel the visa should be set aside.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 155 (Five Year Resident Return) visa.