Li (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant whose Subclass 189 Skilled - Independent visa was subject to cancellation. The dispute arose from allegations of the applicant providing incorrect information in their visa application, specifically concerning their residential address, which was purportedly fraudulently altered. Further complicating the matter, the applicant's de facto relationship, a factor in their visa application, reportedly ceased shortly after the visa was granted, and their former partner subsequently conceived a child with another person. The applicant's employment situation was also a consideration in the review.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that warranted the cancellation of their visa. This involved determining if the information provided in the visa application was indeed incorrect or fraudulent, and whether the subsequent changes in the applicant's personal circumstances, particularly the dissolution of their de facto relationship, had any bearing on the validity of the visa grant or the decision to cancel it. The Tribunal was required to assess the applicant's conduct in light of the provisions of section 107 of the Act.

The Tribunal concluded that the applicant had indeed engaged in non-compliance as described in the notice issued under section 107 of the *Migration Act 1958* (Cth). After considering all the relevant circumstances, including the alleged fraudulent alteration of the residential address and the subsequent breakdown of the de facto relationship, the Tribunal found that the visa should be cancelled. Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 189 Skilled - Independent visa.