Huang (Migration)

The Administrative Appeals Tribunal affirmed the decision of the Department of Immigration and Border Protection to cancel the applicant's Subclass 187 Regional Sponsored Migration Scheme visa. The applicant had applied for the visa in January 2016, stating she had competent English based on an IELTS test taken in August 2013. The Department later received advice that an imposter had sat the test on her behalf. A facial image comparison confirmed the photograph on the IELTS report was of a different person than the applicant.

The Tribunal was required to determine whether the applicant had provided a bogus document and made a false assertion regarding her English language proficiency, and consequently, whether the cancellation of her visa was justified. The applicant's visa was granted on the basis of her claimed competent English, a requirement for the Subclass 187 visa under clause 187.232. The Department's investigation concluded that the IELTS test report was a bogus document as it was not issued in respect of the applicant, and that she had falsely claimed competent English.

The Tribunal reasoned that the applicant had breached sections 101(b) and 103 of the *Migration Act 1958* by providing incorrect information and a bogus document. The delegate found that the visa was granted wholly or partly on the basis of this incorrect information. While acknowledging the applicant's residence in Australia since 2013 with her family and the potential educational impact on her son if they were to relocate, the delegate gave these factors limited weight. The delegate noted the absence of any effort by the applicant to correct the false information and concluded that the non-compliance appeared to be due to the applicant's voluntary conduct. The Tribunal affirmed the cancellation decision.