Li (Migration)

This matter concerned an appeal by Ms Li against the cancellation of her Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The Department of Home Affairs had cancelled the visa on the grounds that Ms Li had provided incorrect answers and bogus documents in her visa application, specifically in relation to her de facto relationship with Mr Jingyu Li and their residential history. The Tribunal was required to determine whether Ms Li had failed to comply with the provisions of the *Migration Act 1958* (Cth) concerning the provision of accurate information and genuine documents, and if so, whether the cancellation decision should be affirmed.

The Tribunal considered whether the notice of intention to cancel the visa issued under section 107 of the *Migration Act 1958* (Cth) was valid and whether Ms Li had indeed failed to comply with sections 101(b) and 103 of the Act. These sections require visa applicants to provide correct information and not to present bogus documents. The specific allegations were that the residential address provided in the visa application and supporting documents (bank and telephone statements) did not match the registered address, and that contradictory information was provided in other applications made concurrently. Ms Li had claimed not to have received the Department's notice and asserted a genuine de facto relationship and cohabitation at various addresses, providing supporting evidence.

The Tribunal found that the section 107 notice was valid and complied with statutory requirements. It was satisfied that the evidence, including forensic examination of documents, indicated that the address on the provided tenancy agreement, bank statements, and telephone statements did not match the registered address. Furthermore, contradictory information in other contemporaneous applications suggested a lack of accuracy. Despite Ms Li's claims of a genuine relationship and cohabitation, and the potential hardship she might face, including her work, marriage to a permanent resident, and established life, the Tribunal concluded that the non-compliance with the Act was established. The Tribunal affirmed the decision to cancel Ms Li's visa.