Du (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel Mr Hongsheng Du's Subclass 155 (Five Year Resident Return) visa. The cancellation was based on the grounds that Mr Du had provided incorrect information about his divorce from his first wife, contrary to section 101(b) of the *Migration Act 1958* (Cth), and had provided a bogus divorce certificate and its translation, contrary to section 103 of the Act.

The legal issues before the Tribunal were whether Mr Du had contravened sections 101(b) and 103 of the Act, and if so, whether his visa should be cancelled. The Tribunal was required to consider whether the Notice of Intention to Consider Cancellation (NOICC) issued by the delegate complied with the requirements of section 107 of the Act, and whether the particulars of non-compliance stated in the NOICC were made out.

The Tribunal found that while the NOICC complied with the statutory requirements of section 107, the grounds for cancellation were not established. Specifically, the Tribunal concluded that the primary decision contained critical details missing regarding the alleged non-compliance with section 101(b) and section 103. Consequently, the power to cancel the visa under section 109 of the Act did not arise. The Tribunal set aside the decision under review and substituted a decision not to cancel Mr Du's visa.