Fan (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Skilled – Independent (Permanent) (Class SI) visa, Subclass 189, held by the applicant. The dispute arose from allegations that the applicant, as a secondary applicant and member of a family unit, had provided incorrect answers and bogus documents in support of her visa application, specifically concerning her claimed de facto partnership.

The Tribunal was required to determine whether the applicant had failed to comply with sections 101 and 103 of the Migration Act 1958. This involved assessing whether the documents submitted as evidence of cohabitation with her claimed partner, Guangxuan Li, were genuine and whether the information provided in the visa application regarding their relationship was accurate. The Tribunal also had to consider whether the notice issued under section 107 of the Act complied with statutory requirements and whether the delegate had reached the necessary state of mind to engage the cancellation power.

The Tribunal found that the notice issued under section 107 was valid and that the applicant had indeed failed to comply with sections 101 and 103 of the Act. This conclusion was based on evidence, including a forensic examination of submitted documents, which revealed discrepancies between the addresses on purported phone bills and bank statements and the registered addresses. Furthermore, the Tribunal noted admissions made by the applicant in a subsequent citizenship application, indicating that the claimed de facto relationship never occurred. The Tribunal applied the principles that providing incorrect answers or bogus documents can lead to visa cancellation under section 109 of the Act, and that the exercise of this power is contingent on a valid notice under section 107.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 189 visa.