Sun (Migration)

The Administrative Appeals Tribunal considered a dispute between the applicant, Sun, and the Department of Home Affairs concerning the cancellation of a Subclass 190 (Skilled – Nominated) visa. The core of the dispute involved allegations of the provision of bogus documents in support of the visa application, specifically bank statements and mobile phone bills presented as evidence of a de facto relationship.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that justified the cancellation of her visa. This involved assessing the authenticity and accuracy of the documents submitted to demonstrate a genuine de facto relationship, and whether the applicant had provided false or misleading information or documents. The Tribunal also had to consider the applicant's circumstances, including any hardship that might arise from the cancellation of her visa.

In reaching its decision, the Tribunal found that the applicant had indeed provided bogus documents. It noted discrepancies in addresses provided in different visa applications, indicating that the applicant and the individual in question were not living together as a de facto couple and that the applicant had not resided at the address claimed. The Tribunal concluded that, having regard to all the relevant circumstances, the non-compliance was sufficient to warrant visa cancellation. The Tribunal affirmed the decision to cancel the applicant’s Subclass 190 visa.