Luk (Migration)

The applicant, Mr Luk, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the cancellation of his Subclass 155 (Five Year Resident Return) visa. The cancellation was based on the provision of incorrect information and bogus documents in his visa application, specifically concerning his de facto partner.

The primary legal issues before the AAT were whether the applicant had provided incorrect information or bogus documents in his visa application, and if so, whether the Tribunal should exercise its discretion to cancel the visa, considering factors such as the applicant's long residence in Australia and the fact that his younger child is an Australian citizen. The Tribunal was also required to consider the applicant's claim that the documents were altered by his agent and the limited evidence presented regarding the claimed de facto relationship, particularly its cessation and the recommencement of a relationship with a previous partner.

The Tribunal found that there had been non-compliance by the applicant as described in the notice given under section 107 of the Migration Act 1958 (Cth). It concluded that, having regard to all the relevant circumstances, including the questionable nature of the provided documents and the limited evidence of the claimed relationship, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.