Sanaee (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 115 (Remaining Relative) visa. The dispute arose from allegations that the applicant had provided incorrect information to the Migration Review Tribunal (MRT) during a previous hearing, constituting a failure to comply with section 101(b) of the *Migration Act 1958* (Cth). The Tribunal's jurisdiction was limited to the first named applicant.

The primary legal issue before the Tribunal was whether the applicant had indeed failed to comply with section 101(b) of the Act by providing incorrect information, as particularised in the notice issued under section 107. If non-compliance was found, the Tribunal was then required to consider whether, in all the circumstances, the visa should be cancelled.

The Tribunal found that the notice issued under section 107 complied with statutory requirements and that the applicant had engaged in non-compliance as described in that notice, specifically by providing incorrect statements to the MRT on 7 May 2008. However, after considering all relevant circumstances, including the time elapsed since the non-compliance, the applicant's contributions to the community, and potential non-refoulement obligations, the Tribunal concluded that the visa should not be cancelled. The Tribunal set aside the decision to cancel the visa and substituted a decision not to cancel the applicant's visa.