Chen (Migration)

The Administrative Appeals Tribunal (Migration and Refugee Division) reviewed a decision by a delegate of the Minister for Home Affairs to cancel Ms Meiqin Chen's Subclass 189 Skilled Independent visa. Ms Chen, a Chinese national granted the visa in March 2017, had her visa cancelled in December 2021 following a Notice of Intention to Consider Cancellation issued in November 2021. The delegate formed the view that Ms Chen had not complied with sections 101 and 103 of the *Migration Act 1958* (Cth). Ms Chen sought review of this cancellation decision.

The primary legal issue before the Tribunal was whether Ms Chen had failed to comply with the relevant provisions of the *Migration Act 1958* as alleged in the notice issued under section 107 of the Act. Specifically, the Tribunal considered whether Ms Chen had provided incorrect information in her visa application, failed to notify the Department of incorrect information she became aware of, or provided bogus documents, as contemplated by sections 101, 103, and related provisions of the Act. The Tribunal also had to determine if the notice issued under section 107 of the Act was valid and complied with statutory requirements.

The Tribunal found that the delegate had properly engaged the powers under section 107 of the Act and that the notice issued was valid. The Tribunal was satisfied that Ms Chen had failed to comply with the Act by providing incorrect information in her visa application and by failing to notify the Department of changes in her circumstances or incorrect information of which she became aware. The Tribunal affirmed the delegate's decision to cancel Ms Chen's visa.