Wang (Migration)

The Administrative Appeals Tribunal (AAT) considered a migration matter involving the applicant, Ms. Wang, and the Department of Home Affairs. The dispute concerned the cancellation of Ms. Wang's Subclass 189 (Skilled – Independent) visa, which was granted based on her application for a Skilled Independent (Temporary) (Class SI) visa. The Department had cancelled her visa due to the provision of bogus documents in support of her application, specifically bank records and relationship statements intended to substantiate a claimed de facto relationship.

The primary legal issue before the Tribunal was whether the decision to cancel Ms. Wang's visa was justified. This involved determining whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing fraudulent documents, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also had to consider the applicant's circumstances, including her eligibility for the visa independent of the claimed relationship, her study and work history, professional affiliations, financial and social ties, and a physical health condition, in assessing the impact of visa cancellation.

The Tribunal found that Ms. Wang had indeed failed to comply with the Act, as evidenced by a forensic examination of the provided bank records which revealed discrepancies in the address linked to the account. The Tribunal was satisfied that the application was prepared by an agent with Ms. Wang's knowledge and complicity, indicating a deliberate attempt to mislead. Despite acknowledging the potential hardship Ms. Wang might face if her visa were cancelled, the Tribunal concluded that the seriousness of providing bogus documents warranted the affirmation of the cancellation decision. Consequently, the Tribunal affirmed the Department's decision to cancel Ms. Wang's Subclass 189 visa.