Chen (Migration)

This matter concerned an appeal by Mr Chen against the cancellation of his Partner (Subclass 801) visa. The Department had cancelled the visa on the grounds that Mr Chen had provided a bogus document in support of his application, specifically a statutory declaration purportedly completed and signed by his sponsor, Ms Xi Lou. The Department also held confidential adverse information suggesting that the relationship may not have been genuine and continuing at the time of the visa grant, noting that sponsorship had been withdrawn and retracted twice.

The primary legal issue before the Tribunal was whether Mr Chen had failed to comply with section 103 of the *Migration Act 1958* by providing a bogus document, and if so, whether his visa should be cancelled. This involved determining the authenticity of Ms Lou's statutory declaration and assessing the genuineness of the relationship in light of the sponsorship withdrawals and retractions, as well as the credibility of supporting witnesses.

The Tribunal considered additional evidence provided by Mr Chen, including a statutory declaration from himself explaining the circumstances of the statutory declarations, confirmation from the solicitor who witnessed the signatures, and a report from a forensic document examiner, Mr Steve Dubecat. Mr Dubecat's expert opinion concluded that the handwriting on both Mr Chen's and Ms Lou's statutory declarations was the same, and that the solicitor's attestation to witnessing both signatures was significant evidence of their authenticity. The Tribunal accepted Mr Dubecat's evidence as the best available and found it unreasonable to prefer the Department's lay opinion. Regarding the relationship, the Tribunal noted that while there were stresses, the retraction of sponsorship withdrawals indicated a genuine and continuing relationship. Furthermore, affidavits from the Form 888 declarants affirmed their knowledge of Mr Chen and Ms Lou as a couple, refuting allegations that their statements were not genuine.

Consequently, the Tribunal found that Mr Chen had not breached section 103 of the *Migration Act 1958*. The decision under review was set aside, and the cancellation of Mr Chen's Partner (Subclass 801) visa was revoked.