Tabanao (Migration)

This matter concerned the review of a decision to cancel the Subclass 801 (Partner) visa of the applicant, Ms. Tabanao. The dispute arose from allegations that the applicant had provided incorrect information in previous visa applications, specifically regarding her relationship status when she applied as a dependent family member. The decision was made by the Tribunal, presided over by Member Margie Bourke.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the Migration Act 1958 by providing incorrect answers in her visa applications. If non-compliance was established, the Tribunal also had to consider whether, in light of all relevant circumstances, the applicant's visa should be cancelled.

The Tribunal found that the applicant had indeed provided incorrect information in her earlier visa applications concerning her relationship status, which constituted non-compliance with section 101(b) of the Act. However, after considering the applicant's present circumstances, including her role as a sponsor for her husband's visa, her part-time employment, and her contributions to her workplace, the Tribunal exercised its discretion and concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision to cancel the applicant's Subclass 100 (Spouse) visa and substituted it with a decision not to cancel the visa.