TRINIDAD (Migration)

This matter concerned an application by the visa holder, Mr Trinidad, to review a decision to cancel his Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The cancellation was based on alleged non-compliance with sections 104 and 107(2) of the Migration Act 1958 (Cth), specifically the failure to notify the Department of changes in circumstances, namely the birth of his daughter and his relationship status. The Tribunal was required to determine whether the applicant had indeed failed to comply with these provisions and, if so, whether the visa should be cancelled.

The Tribunal was tasked with assessing whether the applicant had complied with his obligations under sections 104 and 107(2) of the Act, which require notification of changes in circumstances that render previous answers incorrect. The applicant had stated he was not in a de facto relationship at the time of his visa application and had not disclosed the pregnancy of his partner, Brigitte, or the subsequent birth of their child. The Tribunal found the applicant's evidence regarding his lack of disclosure and his relationship status to be less than compelling, noting inconsistencies in his account of who knew about Brigitte's pregnancy and when. Despite finding that there had been non-compliance as particularised in the notice issued under section 107, the Tribunal considered all relevant circumstances.

The Tribunal ultimately set aside the decision to cancel the applicant's visa. While acknowledging the non-compliance, the Tribunal concluded that, having regard to all the circumstances, the preferable decision was not to cancel the visa. Consequently, the Tribunal substituted a decision not to cancel the applicant's Subclass 100 (Spouse) visa.