Chen (Migration)

In *Chen (Migration)*, the Administrative Appeals Tribunal considered the cancellation of the applicant's subclass 155 (Five Year Resident Return) visa. The cancellation was based on the applicant having provided incorrect information and a bogus document in support of a previous subclass 189 visa application, specifically concerning his wife's IELTS test results. The applicant claimed he was unaware of the incorrect information being provided.

The Tribunal was required to determine whether the applicant had failed to provide correct information to the Department in relation to his wife's IELTS test, and if so, whether the Minister was required to cancel the visa under the relevant provisions of the *Migration Act 1958* (Cth). The Tribunal also had to consider the best interests of the applicant's child, the severe hardship that would result from cancellation, and the fact that the applicant had resided in Australia since 2008.

The Tribunal found that while the applicant had not provided correct information, he was not aware of this fact. Applying the principles of non-compliance and the Minister's discretion to cancel a visa, the Tribunal weighed the factors of incorrect information against the severe hardship to the applicant and his child, and the applicant's long period of residence in Australia.

Ultimately, the Tribunal set aside the decision under review, meaning the cancellation of the applicant's visa was not upheld.