Liu (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter concerning the applicant, Ms. Liu, whose Skilled Nominated (Permanent) (Class SN) visa, Subclass 190, was subject to cancellation. The dispute arose from allegations that Ms. Liu provided incorrect information in her visa application, specifically regarding her de facto relationship status and the authenticity of supporting documents, such as bank statements and phone bills where addresses had allegedly been altered. The Tribunal was tasked with determining whether the grounds for cancellation were established and, if so, whether to exercise its discretion to cancel the visa.

The primary legal issues before the Tribunal were whether Ms. Liu had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing a bogus document or otherwise misleading the Department, and whether, in the exercise of its discretion, the visa should be cancelled. This involved assessing the nature of the alleged non-compliance, the applicant's present circumstances, including the best interests of her Australian citizen child, and the potential hardship that cancellation would impose.

The Tribunal found that while there may have been non-compliance as described in the notice given under s 107 of the *Migration Act*, it ultimately concluded that the visa should not be cancelled. In reaching this decision, the Tribunal considered the applicant's circumstances, including the presence of her Australian citizen child and the implications for that child's citizenship and well-being, as well as the significant hardship that cancellation would likely cause Ms. Liu. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s visa.