Shang (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking review of a decision to cancel their Subclass 820 (Spouse) visa. The cancellation was based on the applicant's alleged non-compliance with disclosure requirements concerning a previous Working Holiday visa, where the applicant had used two different names and had not declared this previous visa. The applicant and their sponsor argued that cancelling the visa would cause hardship.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of section 107 of the Migration Act 1958 (Cth) by not disclosing their previous Working Holiday visa under a different name. Furthermore, the Tribunal had to consider whether, in light of all relevant circumstances, the Subclass 820 visa should be cancelled, particularly given the potential hardship to the applicant and their sponsor.

In its reasoning, the Tribunal acknowledged the applicant's non-compliance as described in the notice given under section 107. However, it concluded that, after considering all the relevant circumstances, the visa should not be cancelled. The Tribunal found that the grant of the Partner visa was not dependent on the applicant's previous visa history. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 820 (Spouse) visa.