Shen (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 801 (Spouse) visa. The applicant, Shen, had applied for a Partner (Residence) (Class BS) visa, specifically the Subclass 801 (Spouse) visa. The dispute centred on whether the applicant had complied with the requirements of the Act, particularly concerning notification of changes in circumstances and the genuineness of the relationship.

The Tribunal was required to determine whether the applicant had failed to notify the Department of a change in circumstances as described in a notice given under section 107 of the Migration Act 1958 (Cth). Furthermore, the Tribunal had to consider whether, in light of all relevant circumstances, the visa should be cancelled, including issues relating to the timing of events within the relationship, the applicant's actions concerning a divorce application, and the presence of a child of the relationship.

The Tribunal's reasoning was based on the applicant's non-compliance with the notification requirements under section 107 of the Act. It noted that the applicant had signed blank forms on the advice of an agent and had not been afforded an opportunity to seek assistance prior to making a declaration. The Tribunal also considered the applicant's attempt to change the date of separation in the Federal Court and the lack of evidence regarding the sponsor's paternity of a child and the child's living arrangements. Crucially, the sponsor was summoned by the Tribunal but failed to attend the hearing, which weighed against the applicant.

The Tribunal affirmed the decision to cancel the applicant's Subclass 801 (Spouse) visa.