VU (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the cancellation of a Subclass 801 (Spouse) permanent visa held by the applicant, VU. The dispute arose from the Department of Home Affairs' decision to cancel the visa on the grounds of non-compliance with the requirements of the Act, specifically concerning the genuineness of the spousal relationship.

The primary legal issue before the Tribunal was whether the applicant had failed to satisfy the criteria for the visa, leading to a valid cancellation. This involved assessing whether the applicant's relationship with her partner was genuine and continuing, or if there had been a change in circumstances or inconsistent evidence that undermined the validity of the visa.

The Tribunal affirmed the decision to cancel the visa, concluding that there had been non-compliance as described in the notice given under s 107 of the Migration Act 1958 (Cth). Having regard to all relevant circumstances, including the applicant having a child with another man and inconsistent evidence regarding her relationship with the new partner, the Tribunal found that the visa should be cancelled. The Senior Member, Kira Raif, affirmed the decision to cancel the applicant’s Subclass 801 (Spouse) visa.