Liao (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Skilled Independent (Permanent) (Class SI) visa, Subclass 189, held by the applicant, Ms. Liao. The Department of Home Affairs had initiated cancellation proceedings based on allegations that Ms. Liao provided incorrect information and bogus documents in her visa application, specifically concerning her de facto partner status and bank statements. Ms. Liao conceded non-compliance with the visa application requirements.

The primary legal issue before the Tribunal was whether, in light of the conceded non-compliance, the discretion to cancel Ms. Liao's visa should be exercised. This required the Tribunal to weigh various factors, including the circumstances surrounding the non-compliance, Ms. Liao's personal circumstances, and the potential consequences of cancellation.

The Tribunal found that while non-compliance was established, the exercise of discretion to cancel the visa was not warranted. The Tribunal considered factors such as Ms. Liao's subsequent valid marriage to an Australian resident, her pregnancy, health, financial circumstances, potential hardship, and existing work and social ties in Australia. It also noted the possibility of her applying for other visas. Ultimately, the Tribunal concluded that, having regard to all the circumstances, the visa should not be cancelled.

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