Fan (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 190 – Skilled – Nominated visa held by Mr. Fan. The dispute arose from allegations that Mr. Fan provided incorrect answers and a bogus document in support of his visa application, specifically concerning an English language test taken within 36 months prior to the invitation date. A forensic facial image comparison indicated that the photograph on the English language test report did not match the photograph provided with the visa application, suggesting the applicant may have arranged for another person to undertake the test on his behalf.

The Tribunal was required to determine whether Mr. Fan had failed to comply with the conditions of his visa application, as alleged by the Department of Home Affairs. Furthermore, the Tribunal had to consider whether, in the exercise of its discretion, the cancellation of Mr. Fan's visa should be affirmed, taking into account all relevant circumstances. This included assessing the applicant's employment, social, and community ties, his physical health, his wife's visa application, and the best interests of his young Australian citizen child.

In its reasoning, the Tribunal found that there had been non-compliance by the applicant in the manner described in the notice issued under section 107 of the Migration Act 1958 (Cth). The Tribunal considered the various factors presented by the applicant, including his employment and community ties, his health, his wife's situation, and the best interests of his child. It also took into account the potential hardship and costs associated with travel and re-establishment, as well as the implications of Chinese citizenship and household registration laws. After weighing all these circumstances, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr. Fan's Subclass 190 – Skilled – Nominated visa.