Wang (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 190 (Skilled – Nominated) visa held by the applicant, Mr. Wang. The dispute arose from allegations of providing incorrect answers and submitting bogus documents in relation to his visa application and supporting statements, specifically concerning his claimed spouse or de facto partner. Evidence such as bank, tenancy, and utility statements, as well as incoming passenger cards, indicated a different individual and address, raising questions about the veracity of the claimed relationship.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the discretion to cancel the visa should be exercised. A key issue was the applicant's knowledge of the incorrect information and documents, with the applicant conceding the information was incorrect but claiming a lack of knowledge of the contents of the documents, asserting he acted as a favour to a friend. The Tribunal also considered whether the visa might have been granted without the claimed relationship and the consequential cancellation of the claimed partner's visa.

In its reasoning, the Tribunal found that the applicant had indeed failed to comply with the Act as described in the notice given under section 107. While acknowledging the applicant's current relationship with an Australian citizen and their children, and the potential eligibility for a partner visa, the Tribunal weighed these factors against the seriousness of the non-compliance. The Tribunal noted the absence of evidence of financial hardship and limited evidence regarding mental health and treatment. Ultimately, the Tribunal concluded that, having regard to all relevant circumstances, the decision to cancel the visa should be affirmed.