Seng (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Ms Seng, who sought to have the cancellation of her Subclass 155 (Five Year Resident Return) visa reviewed. The dispute arose from allegations of non-compliance with the *Migration Act 1958* (Cth) concerning information provided in her visa applications, specifically regarding her family composition and the declaration of an Australian citizen child.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the Act, as outlined in a notice given under section 107. This involved assessing the truthfulness and completeness of the information provided in her visa applications, particularly in relation to her spousal relationship and the existence of her Australian citizen child, who had not been declared in previous applications. The Tribunal also had to consider the best interests of the children in its determination.

In its reasoning, the Tribunal found that the applicant had indeed been non-compliant in the manner described in the section 107 notice. After considering all the relevant circumstances, including the applicant's re-marriage to the child's father and family health issues, the Tribunal concluded that the visa cancellation was justified. The Tribunal affirmed the decision to cancel the applicant's Subclass 155 visa.