Rhee (Migration)

This matter concerned an appeal by Mr Rhee against the cancellation of his Partner (Residence) (Class BS) visa, Subclass 801 (Spouse). The dispute arose from the applicant's failure to disclose aliases and previous visa cancellations on his visa application. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether Mr Rhee had failed to comply with section 101 of the Migration Act 1958 by providing incorrect information in his visa application, and if so, whether his visa should be cancelled. Specifically, the Tribunal had to determine if the applicant had provided incorrect answers regarding his immigration history, including whether he had been known by another name and if he had previously had a visa cancelled.

The Tribunal found that Mr Rhee had provided incorrect information on his Subclass 801 visa application, specifically by stating he had never had a visa cancelled and by failing to answer the question about being known by another name. Evidence confirmed he had entered Australia using his brother's passport under the name Ken Lee, and a facial comparison report indicated he and Ken Lee were the same person. The Tribunal noted that section 100 of the Act states an answer is incorrect even if the person did not know it was incorrect. Despite the applicant's claims of assistance from a migration agent and a lack of deliberate intent to mislead, the Tribunal was satisfied that the non-compliance with section 101 had occurred as particularised in the notice issued under section 107.

The Tribunal affirmed the decision to cancel Mr Rhee's Subclass 801 (Spouse) visa.