Cai (Migration)

The Administrative Appeals Tribunal considered the application of Mr Cai concerning the cancellation of his Subclass 189 Skilled - Independent visa. The dispute arose from allegations of non-compliance with the *Migration Act 1958* (Cth) in relation to information provided in his visa application.

The Tribunal was required to determine whether the applicant had failed to comply with the Act in a manner that would justify the cancellation of his visa. Specifically, the Tribunal had to assess the significance of the alleged incorrect information provided in the visa application, including the fraudulent alteration of a residential address and the cessation of a de facto relationship shortly after the visa grant, in light of the circumstances surrounding the application and the impact on the employer.

In reaching its decision, the Tribunal considered all relevant circumstances. It concluded that, despite the identified non-compliance, the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel Mr Cai's Subclass 189 visa.