2115194 (Migration)

This matter concerned an appeal by the applicant against the cancellation of her Skilled Nomination (Permanent) (Class SN) visa, Subclass 190 (Skilled – Nominated). The dispute arose because the visa was granted based on incorrect information and bogus documents provided in a previous visa application, specifically relating to her employment history and skills assessment. The decision under review was made by the delegate of the Minister.

The primary legal issue before the Tribunal was whether the decision to grant the applicant's visa was based, wholly or partly, on incorrect information or a bogus document. A secondary issue, though not determinative of the applicant's own visa status, involved the circumstances of other family members, including a separation from her husband and the visa application progress of a new husband, as well as the educational and linguistic needs of a child.

The Tribunal found that the applicant had indeed provided a wide range of bogus documentation and incorrect information in support of her visa application, which significantly impacted her credibility. The applicant accepted that the grant of her visa was based on this false information, attributing her actions to the influence of her ex-husband and ex-sister-in-law. The Tribunal gave considerable weight to the provision of false information and documentation when considering the discretion to cancel the visa. The Tribunal ultimately set aside the decision under review.