Liang (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse) visa, held by the first named applicant, Ms Liang. The dispute arose from allegations that incorrect information was provided in the visa application, including the submission of bogus documents such as a non-genuine National ID card and a ‘no criminal conviction certificate’. Further concerns were raised regarding a notarised penal certificate and authority for children to migrate, and an actor engaged for an interview. The applicant was also unable to contact her former spouse, and the sponsor had a criminal record, with the relationship having ceased.

The primary legal issue before the Tribunal was whether the decision to cancel Ms Liang's Subclass 100 visa should be affirmed. This required the Tribunal to assess the evidence presented concerning the authenticity of the documents submitted, the nature of the relationship, and the applicant's compliance with visa application requirements, particularly in light of the alleged use of false information and the cessation of the relationship. The Tribunal also had to consider its jurisdiction, which was limited to the first named applicant.

The Tribunal, having regard to all the relevant circumstances, concluded that the factors favouring cancellation carried greater weight. Consequently, the Tribunal affirmed the decision to cancel Ms Liang's Subclass 100 visa. The Tribunal explicitly stated that it had no jurisdiction with respect to any other applicants.