SHAHI (Migration)

The applicant, Mr. Shahi, sought review of a decision by the Migration Review Tribunal (MRT) to affirm the cancellation of his Subclass 100 (Spouse) visa. The cancellation was based on allegations of providing incorrect information and a change of circumstances, specifically entering into a new relationship while still married and applying to sponsor another woman.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the Act, as notified under section 107, and whether, in light of all relevant circumstances, the cancellation of his visa was justified. This involved assessing the credibility of the applicant's evidence, particularly concerning the dates of his relationships and the authenticity of his divorce documentation, while also considering his reported severe mental state.

The Tribunal found that the applicant had not demonstrated a genuine and continuing relationship with his sponsor, nor had he established a mutual commitment to a shared life with the woman he sought to sponsor. The Tribunal noted significant credibility issues, including the presentation of false divorce documentation and an overlap in relationship dates, which indicated a lack of genuine commitment. Despite an offer to postpone the hearing due to the applicant's mental state, the Tribunal concluded that the evidence established non-compliance and that the visa cancellation was warranted. The Tribunal affirmed the decision to cancel the applicant's Subclass 100 (Spouse) visa.