He (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the cancellation of a Subclass 189 Skilled - Independent visa. The applicant had applied for this visa, and the Department of Home Affairs subsequently cancelled it on the grounds of non-compliance, specifically alleging the use of bogus documents and a contrived de facto relationship. The applicant sought review of this cancellation decision.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that warranted visa cancellation. This involved determining whether the documents provided with the visa application were indeed bogus and whether the claimed de facto relationship was genuine, considering factors such as cohabitation, established joint households, and shared finances. The Tribunal also had to assess whether, in light of all the circumstances, the cancellation decision was justified.

The Tribunal found that the applicant had not established a genuine de facto relationship, noting the absence of cohabitation, a shared household, or joint finances. Furthermore, the Tribunal concluded that the applicant had provided bogus documents in support of the visa application, constituting non-compliance under section 107 of the *Migration Act 1958* (Cth). Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 189 - Skilled - Independent visa.