Wang (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 155 (Five Year Resident Return) visa held by the applicant, Ms. Wang. The dispute arose from allegations that Ms. Wang had provided incorrect information and a bogus document in a previous visa application, specifically concerning an English language test. The applicant's spouse and son also had their visas cancelled, and their reviews were heard concurrently.

The Tribunal was required to determine whether Ms. Wang had failed to comply with the provisions of the *Migration Act 1958* (Cth) regarding the provision of correct information and the use of genuine documents in her visa applications. Specifically, the Tribunal had to consider whether the English language test report provided was indeed hers and whether she was aware of and responsible for the alleged falsification. If non-compliance was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the applicant's circumstances, the best interests of her children, and the integrity of the migration program.

The Tribunal found that Ms. Wang had indeed failed to comply with the Act by providing a bogus document and incorrect information in relation to her English language test for a prior visa application. This was evidenced by a discrepancy in photographs and the admission that a substitute test taker was arranged by her agent. However, the Tribunal accepted Ms. Wang's explanation that she was under significant duress due to her mother's ill health and the substantial financial investment already made, which clouded her judgment. The Tribunal also considered Ms. Wang's subsequent conduct, her strong ties to Australia, her business investments, and the best interests of her Australian-raised daughter. Weighing these factors against the seriousness of the non-compliance, the Tribunal concluded that the cumulative effect of the mitigating circumstances marginally tipped the balance against cancellation.

Consequently, the Tribunal set aside the decision to cancel Ms. Wang's Subclass 155 visa and substituted a decision not to cancel it.