Chen (Migration)

The applicant, Ms. Chen, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel her Subclass 590 (Student Guardian) visa. The cancellation was based on the applicant providing incorrect information regarding the identity of her de facto partner, including the submission of fraudulent birth certificates. The matter came before Justice Michael Bradford.

The primary legal issue before the Court was whether the delegate's decision to cancel Ms. Chen's visa was affected by jurisdictional error. This involved determining whether the delegate had properly considered the evidence before them, particularly concerning the authenticity of the submitted documents and the applicant's credibility, when forming the view that the applicant had provided incorrect information.

Justice Bradford affirmed the delegate's decision, finding that the delegate had adequately considered the evidence and that the applicant had indeed provided incorrect information. The Court was satisfied that the delegate's assessment of the applicant's credibility, based on the submission of bogus birth certificates and the provision of false information about her de facto partner, was a reasonable conclusion. The delegate's decision to cancel the visa was therefore not vitiated by jurisdictional error.