2204760 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Subclass 155 (Five Year Resident Return) visa. The dispute arose from allegations that the applicant had provided incorrect information and bogus documents in a previous visa application, specifically concerning a claimed de facto relationship with Mr. B.

The Tribunal was required to determine whether the applicant had failed to comply with sections 101(b) and 103 of the *Migration Act 1958* (Cth) by providing incorrect answers or bogus documents in her application for a Skilled Independent (Subclass 189) visa. It also needed to consider whether the visa grant was based, wholly or partly, on this alleged incorrect information or bogus documents, and if so, whether cancellation was warranted.

The Tribunal found that while the applicant had claimed a de facto relationship with Mr. B and provided supporting bank statements with an incorrect address, she argued these documents were provided by a third party, Mr. C, without her full knowledge or approval. Crucially, the Tribunal was satisfied that the applicant had met the required points for the Subclass 189 visa based on her own merits, and that the visa would likely have been granted irrespective of the claimed de facto partner. Therefore, the decision to grant the visa was not based, wholly or partly, on the incorrect information or bogus documents.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 155 visa.