VU (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the cancellation of the applicant's Subclass 155 (Five Year Resident Return) visa. The dispute arose from allegations of non-compliance with the Migration Act 1958 (Cth) in the applicant's visa application, specifically concerning the provision of incorrect information and a potentially contrived relationship.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the Act, as outlined in a notice given under section 107. It also had to consider whether, in light of all relevant circumstances, including the best interests of dependent children and issues of financial hardship, the visa should be cancelled. The Tribunal noted the applicant's separation from a sponsor and remarriage shortly after the visa grant, as well as questions regarding the paternity of children, and the applicant's failure to obtain a paternity test.

The Tribunal concluded that there had been non-compliance by the applicant in the manner described in the section 107 notice. After considering all relevant circumstances, the Tribunal affirmed the decision to cancel the applicant's Subclass 155 visa.