Zhang (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Ms Zhang concerning the cancellation of her Subclass 801 (Partner) visa. The dispute arose from the Department of Home Affairs' decision to cancel Ms Zhang's visa on the grounds of non-compliance with visa conditions, specifically the provision of incorrect information in her initial visa application and a failure to notify a change in circumstances. The core of the issue was whether the relationship between Ms Zhang and her sponsor remained genuine and continuing at the time of the visa application and subsequent decision.

The Tribunal was required to determine whether Ms Zhang had failed to notify the Department of a change in her circumstances, as contemplated by section 107 of the Migration Act 1958 (Cth). This involved assessing whether the relationship had ceased to be genuine and continuing, particularly in light of the sponsor filing for divorce in the United States. Furthermore, the Tribunal had to consider whether, even if grounds for cancellation existed, it was appropriate to exercise its discretion to affirm the cancellation, taking into account the circumstances surrounding the visa grant, including the provision of potentially incorrect information and any deliberate dishonesty.

In reaching its decision, the Tribunal found that there had been non-compliance by the applicant in the manner described in the notice given under section 107 of the Act. Having regard to all the relevant circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel Ms Zhang's Subclass 801 visa.