Ji (Migration)

This matter concerned the review of a decision to cancel the Regional Sponsored Migration Scheme visa (Subclass 187) held by the first applicant, Ms. Xuanbei Ji. The second applicant was also involved, though the Tribunal's jurisdiction concerning this applicant was a preliminary issue. The dispute arose from allegations of non-compliance with visa application requirements, specifically concerning the provision of information and potentially bogus documents, leading to the potential cancellation of the visa.

The Tribunal was required to determine whether a valid notice had been issued under section 107 of the Migration Act 1958, whether there was non-compliance as described in that notice, and if so, whether the visa should be cancelled. A preliminary issue also arose regarding the Tribunal's jurisdiction to consider the case of the second applicant, whose visa cancellation was stated to be self-executing upon the cancellation of the first applicant's visa under section 140 of the Act.

The Tribunal considered extensive documentary evidence, including correspondence between the applicant, her employer, and the Department, as well as statutory declarations. The Tribunal noted the applicant's pregnancies and periods of maternity leave, the voluntary liquidation of the sponsoring company, and conflicting accounts regarding communications between the employer's managing director and the Department. Ultimately, the Tribunal found it had no jurisdiction with respect to the second applicant. For the first applicant, the Tribunal set aside the decision under review.

The Tribunal ordered that the decision under review be set aside and substituted with a decision not to cancel the first applicant's Subclass 187 visa. The Tribunal explicitly stated that it had no jurisdiction with respect to the other applicant.