Ul Islam (Migration)

This matter concerned an appeal by Ul Islam against the cancellation of her Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The dispute arose from allegations that the applicant had provided incorrect information in her visa application and failed to update the Department of Home Affairs regarding a change in her circumstances, specifically her engagement to another person, after lodging her application. The decision was made by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as alleged, specifically in relation to the provision of information and notification of changes in circumstances. The Tribunal was also required to consider whether the visa should be cancelled, taking into account the potential for significant hardship and the best interests of any child involved. A further issue was the validity of the Notice of Intention to Consider Cancellation.

The Tribunal found that the Notice of Intention to Consider Cancellation complied with statutory requirements. It also determined that there had been non-compliance by the applicant as described in the notice given under s.107 of the *Migration Act 1958* (Cth), specifically concerning the failure to update the Department of a change in circumstances. However, after considering all relevant circumstances, including the potential for significant hardship and the best interests of the child, the Tribunal concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 100 (Spouse) visa.