Liu (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 189 – Skilled – Independent visa held by the applicant, Ms. Liu. The dispute arose from information provided by Ms. Liu during her visa application, specifically concerning the identity and biological relationship of a child included in the application. The Tribunal was tasked with determining whether the visa cancellation was justified based on the evidence presented.

The primary legal issues before the Tribunal were whether Ms. Liu had provided incorrect information regarding the child's status as her biological child and whether she had failed to satisfy the criteria for the visa, particularly in relation to the child's date of birth and the absence of evidence of adoption. The Tribunal also had to consider the best interests of the child in its assessment, as well as the implications of Ms. Liu's refusal to undertake a DNA test to verify the biological relationship.

The Tribunal's reasoning focused on the lack of credible evidence to support Ms. Liu's claims about the child. It noted that Ms. Liu had not provided evidence of adoption and had refused to undergo a DNA test, which raised significant credibility issues. The Tribunal concluded that, on the balance of probabilities, the information provided by Ms. Liu was incorrect and that she had failed to satisfy the relevant criteria under the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth). The Tribunal affirmed the decision to cancel the visa.