Liu (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Skilled Nominated (Permanent) (Class SN) visa, subclass 190. The applicant had been granted the visa on 9 November 2016, based on a skills assessment for the nominated occupation of Welder (First Class). The Department of Home Affairs subsequently determined that the skills assessment document provided was not genuine, leading to the cancellation of the visa. The applicant also sought to argue that the cancellation would cause emotional and psychological hardship to their newborn child and that they had made a contribution to the Australian community.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information and a bogus document, and if so, whether the visa should be cancelled. Specifically, the Tribunal had to consider the provisions of sections 101(b) and 103 of the Act, which relate to providing correct information and not providing bogus documents, respectively, and the Minister's power to cancel a visa under section 109 of the Act.

The Tribunal found that the applicant had indeed failed to comply with section 101(b) of the Act by providing incorrect information in their visa application, and also with section 103 by providing a bogus document. The Tribunal accepted the Department's verification that the skills assessment document was not genuine. However, after considering all the relevant circumstances, including the potential hardship to the newborn child and the applicant's contributions to the Australian community, the Tribunal concluded that the visa should not be cancelled.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 190 visa. The Tribunal noted that it had no jurisdiction with respect to another applicant in the matter.