Qian (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Ms. Qian concerning the cancellation of her Subclass 189 Skilled Independent visa. The dispute arose from allegations that Ms. Qian provided incorrect information in her visa application, specifically regarding her de facto relationship, which was inconsistent with information provided in other visa applications. The Tribunal also considered whether certain documents, such as phone bills and bank statements, were bogus.

The primary legal issues before the Tribunal were whether Ms. Qian had failed to comply with the requirements of the *Migration Act 1958* (Cth) as notified under section 107, and whether the discretion to cancel her visa should be exercised. This involved determining if the incorrect information provided was material to the grant of the visa and if the circumstances warranted cancellation.

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). Having regard to all the relevant circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel Ms. Qian’s Subclass 189 Skilled Independent visa.