Guo (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr Guo against the cancellation of his Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The cancellation was based on allegations that Mr Guo provided incorrect information and a bogus document with his visa application.

The primary legal issue before the Tribunal was the validity of the notice of intention to consider cancellation issued by the Department of Home Affairs. Specifically, the Tribunal had to determine whether the notices sent to Mr Guo were validly served, as a valid notice under section 107 of the *Migration Act 1958* (Cth) is a prerequisite for the exercise of the power to cancel a visa under section 109 of the Act.

The Tribunal found that the first notice of intention to cancel was sent to Mr Guo's last known address, but noted anomalies with the postal registration. A second notice was subsequently sent to an incorrect address. The Tribunal reasoned that the second notice, by purporting to replace the first, rendered the first notice ineffectual. As the second notice was invalid due to being sent to the wrong address, the Tribunal concluded that no valid section 107 notice had been issued. Consequently, the power to cancel Mr Guo's visa under section 109 did not arise.

The Tribunal set aside the delegate's decision to cancel Mr Guo's visa and substituted a decision that the visa was not cancelled.