Shah (Migration)

The Administrative Appeals Tribunal considered the cancellation of Miss Marwa's subclass 155 (Five Year Resident Return) visa. The primary applicant, Dr. Sophia Umer, had been granted a similar visa, and Miss Marwa was a dependant on her application. The dispute arose because the primary applicant had provided incorrect information and fraudulent documentation, specifically a bogus employment reference letter, in her own skilled visa application, which indirectly affected Miss Marwa's visa grant.

The Tribunal was required to determine whether Miss Marwa had failed to comply with sections 101 and 103 of the Migration Act 1958 (Cth), which relate to providing correct information and not submitting bogus documents. If non-compliance was established, the Tribunal then had to consider whether the Minister's delegate had correctly exercised the discretion to cancel Miss Marwa's visa, taking into account all relevant circumstances.

The Tribunal found that the primary applicant's visa was granted based on incorrect information and bogus documents concerning her educational qualifications and work experience, which were crucial for meeting the criteria for a Skilled (subclass 175) visa. However, the Tribunal noted that Miss Marwa was a minor at the time of the application and had no knowledge or intent to provide false information or documentation; this was done on her behalf by the primary applicant. This factor weighed against cancelling her visa.

The Tribunal concluded that the decision to cancel Miss Marwa's visa should be set aside.