Li (Migration)

This matter concerned the affirmation of a decision to cancel the applicant's Partner (Residence) (Class BS) visa, subclass 801 (Spouse). The dispute arose from allegations of non-compliance with section 101 of the *Migration Act 1958* (Cth) during the visa application process. The applicant had failed to disclose a previous name and outstanding debts to the Commonwealth, which constituted an adverse migration history. The Tribunal was required to determine whether the applicant had indeed failed to comply with the Act and, if so, whether the visa should be cancelled.

The Tribunal was required to consider whether the notice issued under section 107 of the Act complied with statutory requirements and whether the applicant had provided incorrect information in his visa application, specifically by answering "no" to questions about previous names and outstanding debts. The applicant admitted to providing incorrect answers, explaining that he considered his past as "Bo Li" and his debts to be a "scar" he did not wish to disclose. The Tribunal also had to consider whether the visa should be cancelled, which is a discretionary power under section 109(1) of the Act, requiring consideration of prescribed circumstances outlined in regulation 2.41.

The Tribunal found that the section 107 notice was valid and that the applicant had failed to comply with section 101 of the Act by providing incorrect answers regarding his previous name and debts. The Tribunal noted that section 100 of the Act clarifies that an answer is incorrect even if the applicant was unaware of its incorrectness. In exercising its discretion under section 109(1), the Tribunal considered the applicant's admissions, the nature of the non-compliance, and other relevant circumstances. The Tribunal affirmed the decision to cancel the applicant's visa.