Huang (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 457 (Temporary Work (Skilled)) visa of the first named applicant, Huang. The second named applicant was also involved in the proceedings. The dispute concerned allegations of non-compliance with visa conditions, specifically the provision of false or misleading information.

The Tribunal was required to determine whether the first named applicant had failed to comply with the relevant provisions of the *Migration Act 1958* (Cth) in a manner that would permit the cancellation of their visa. A further issue was the Tribunal's jurisdiction concerning the second named applicant.

The Tribunal found that it lacked jurisdiction with respect to the second named applicant. Regarding the first named applicant, the Tribunal was not satisfied that the non-compliance alleged in the notice issued under section 107 of the Act had been established. Consequently, the discretionary power to cancel the visa did not arise. The Tribunal set aside the decision under review and substituted a decision not to cancel the first named applicant's visa.