Lian (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 189 (Skilled Independent) visa granted to the applicant, Lian. The Department of Home Affairs had cancelled the visa on the grounds that the applicant had provided incorrect information in their visa application, specifically concerning the genuineness of their de facto relationship. The Department also alleged that the applicant had submitted a bogus document.

The Tribunal was required to determine whether the applicant had provided incorrect information in their visa application, whether the de facto relationship was genuine, and whether the applicant had submitted a bogus document. Furthermore, the Tribunal had to consider whether, in the exercise of its discretion, the visa should be cancelled, taking into account the applicant's circumstances.

Senior Member Kira Raif reasoned that the evidence did not establish that the applicant had provided incorrect information or a bogus document. While the applicant and their partner had lived at different addresses and did not share financial resources, the Tribunal found that this did not necessarily negate the genuineness of their de facto relationship, particularly in light of other evidence presented. The Tribunal also considered the significant hardship that cancellation would cause the applicant, including their employment in a highly skilled occupation and their settlement in Australia. Ultimately, the Tribunal concluded that the visa grant was not based on incorrect information and that the circumstances warranted a decision not to cancel the visa.

The Tribunal set aside the decision to cancel the applicant's Subclass 189 - Skilled - Independent visa and substituted a decision not to cancel the visa.