Ren (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 155 (Five Year Resident Return) visa held by Ms Ren. The dispute arose from allegations that Ms Ren had provided incorrect information in relation to her visa application, specifically concerning a previous nomination application and her intended address on an incoming passenger card.

The Tribunal was required to determine whether Ms Ren had breached section 101 of the *Migration Act 1958* by providing incorrect information in her visa application. This involved assessing whether information provided by a sponsor in a nomination application, and not directly by Ms Ren in her visa application, could form the basis for a finding of non-compliance by the visa holder. The Tribunal also had to consider whether the intended address provided on the incoming passenger card was demonstrably incorrect, and if so, whether this constituted a breach of her obligations.

The Tribunal reasoned that section 101 of the Act requires visa applications to be completed correctly, but that incorrect information in a nomination application, provided by a sponsor and not by the applicant herself, could not be attributed to the applicant as a breach of her visa application obligations. Furthermore, while the intended address on the incoming passenger card might have been unreasonable, there was insufficient evidence to prove it was not Ms Ren's genuine intention at the time of entry. Consequently, the Tribunal found no evidence that Ms Ren had provided incorrect information in her visa application or on her incoming passenger card, and therefore no non-compliance with section 101 of the Act had been established.

The Tribunal set aside the decision under review and substituted a decision not to cancel Ms Ren's Subclass 155 visa.