How do you feel if you received a notice from Home Affairs that your permanent visa is about to be cancelled ( s107 notice/NOICC ) because your husband “fathered a child” while sponsoring you for a partner visa nearly 10 years ago. Nobody would blame you if you were totally mad about this. The cancellation power was under s109 of the Migration Act 1958 due to non-compliance under s108 for not providing correct information under s101(b) of the Act and for not notify Home Affairs of changing circumstances under s104 of the same Act. In the cancellation decision, little weight was given to the prescribed circumstances for not to cancel. We took on the case at AAT review stage. Thanks to our client’s honest convincing evidence of all detailed facts during the tribunal hearing, and our amazingly team legal who argued every legal point of the case before the tribunal, AAT set aside the cancellation decision and reinstated the client’s permanent visa.
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