Liu (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Liu, who sought review of a decision to cancel their Subclass 190 - Skilled - Nominated visa. The cancellation was based on allegations of non-compliance with visa application requirements, specifically the provision of incorrect information and the use of bogus documents. The applicant's eligibility for the visa was also questioned in relation to their status as a member of the family unit, with the Tribunal finding that a de facto relationship did not exist and that the applicant lacked social connections in their home country.

The primary legal issue before the Tribunal was whether the applicant had engaged in conduct that constituted non-compliance with the Migration Act 1958 (Cth) (the Act), as outlined in the notice given under section 107. This involved determining if the information provided in the visa application was incorrect or if bogus documents were used, and whether these factors warranted the cancellation of the visa. The Tribunal also had to consider the applicant's circumstances, including their claimed family eligibility and employment prospects in China, in assessing whether to affirm the cancellation decision.

The Tribunal concluded that the applicant had indeed failed to comply with the requirements of the Act in the manner described in the section 107 notice. After considering all relevant circumstances, including the applicant's lack of a de facto relationship and social connections in their home country, the Tribunal affirmed the decision to cancel the applicant's Subclass 190 - Skilled - Nominated visa.