Wang (Migration)

This matter concerned a review of the decision to cancel the Subclass 801 (Spouse) visa of Ms Wang and the Subclass 820 (Partner) visa of Mr Yue. The dispute arose from allegations that Ms Wang had provided incorrect information in her visa applications, specifically regarding her relationship status and the commencement date of her de facto relationship with Mr Yue. The review was conducted by a tribunal member, Margie Bourke.

The primary legal issues before the tribunal were whether Ms Wang had failed to comply with section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect answers in her visa application forms, and if so, whether the decision to cancel the visas should be affirmed. The tribunal was required to determine if the notice issued under section 107 of the Act complied with statutory requirements and if the particulars of non-compliance specified in that notice were established.

The tribunal reasoned that section 109 of the Act permits the Minister to cancel a visa if the holder fails to comply with certain provisions, including section 101, which mandates that visa applications be completed without incorrect answers. The tribunal found that the notice issued under section 107 was valid and that Ms Wang had indeed provided incorrect information. Specifically, while Ms Wang had declared her relationship status as "never married or been in a de facto relationship" in one application, she and Mr Yue had subsequently declared their de facto relationship commenced on 21 July 2011 in their combined Partner visa application lodged on 11 May 2015. This discrepancy, along with other conflicting information regarding the commencement of their relationship and shared life, led the tribunal to conclude that section 101(b) had been contravened. The tribunal also noted that under section 100, an answer is considered incorrect even if the applicant was unaware of its inaccuracy.

The tribunal affirmed the decision to cancel Ms Wang's Subclass 801 visa and Mr Yue's Subclass 820 visa.