Lyu (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Lyu, who sought review of a decision to cancel their Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The cancellation was based on allegations of providing incorrect information in the visa application, including the submission of bogus documents, and a failure to meet the criteria for a member of the family unit. The applicant had also made claims regarding employment, plans to start a family, and property ownership.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as outlined in the notice given under section 107. This involved determining the veracity of the information provided in the visa application and whether it constituted a failure to meet the visa criteria or a misrepresentation of material facts. The Tribunal was required to assess the evidence presented by the applicant in light of these allegations.

In its reasoning, the Tribunal concluded that the applicant had indeed engaged in non-compliance as described in the section 107 notice. After considering all the relevant circumstances, the Tribunal found sufficient grounds to uphold the cancellation of the applicant's Subclass 189 visa. Consequently, the Tribunal affirmed the decision to cancel the visa.