Liu (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 482 – Temporary Skill Shortage visa. The cancellation was based on allegations of incorrect information provided in the visa application, specifically concerning employment with a company in China that had since been liquidated. The applicant contended that their employment was confirmed despite the liquidation.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) regarding the accuracy of information provided in their visa application, thereby giving rise to the Minister's power to cancel the visa under section 109. This involved determining if the information provided about their employment constituted an "incorrect answer" as defined by section 100 of the Act, or if the circumstances warranted a finding of non-compliance under section 101.

The Tribunal found that it was not satisfied that the applicant had engaged in non-compliance as described in the notice issued under section 107 of the Act. Consequently, the discretionary power to cancel the applicant's visa did not arise. The Tribunal therefore set aside the decision under review and substituted a decision not to cancel the applicant's visa.