Song (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Skilled Independent (Permanent) (Class SI) visa, Subclass 189, held by the applicant, Ms. Song. The dispute arose from allegations that Ms. Song provided incorrect answers and bogus documents in her visa application, and subsequently made a secondary application claiming to be the de facto partner of the primary applicant. The Tribunal was tasked with determining whether the visa cancellation was justified.

The primary legal issues before the Tribunal were whether Ms. Song had engaged in conduct that warranted the cancellation of her visa, and if so, whether the discretion to cancel the visa should be exercised. This involved assessing the evidence of non-compliance, including the results of a forensic examination of documents such as bank statements, rental agreements, and personal statements submitted in support of the de facto partner claim. The Tribunal also had to consider the applicant's willing engagement in fraudulent conduct rather than pursuing alternative visa options.

In its reasoning, the Tribunal found that there had been non-compliance by the applicant as described in the notice given under s.107 of the Migration Act 1958 (Cth). The Tribunal concluded that, having regard to all the relevant circumstances, including the applicant's willing participation in fraud, the visa should be cancelled. While acknowledging the applicant's current genuine relationship with a permanent resident, her partner's responsibilities, and the applicant's community ties, these factors were weighed against the seriousness of the initial non-compliance. The Tribunal affirmed the decision to cancel the visa.