Wei (Migration)

The Administrative Appeals Tribunal (Cth) affirmed the decision to cancel the Subclass 190 Skilled – Nominated visa granted to the applicant, Mr Wei. The cancellation was based on the applicant providing incorrect information in his visa application, specifically concerning his de facto relationship status. The Tribunal found that the relationship had ceased shortly after the visa grant, and the applicant's partner had conceived a child with another person. The applicant had not relied on partner points in his application, and the cancellation had implications for his employer and resulted in financial hardship for the applicant and his partner's two Australian citizen children.

The primary legal issue before the Tribunal was whether the decision to cancel Mr Wei's visa was justified, considering the circumstances surrounding the incorrect information provided and the subsequent events. This involved assessing whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and whether, in light of all relevant circumstances, the cancellation was the appropriate course of action. The Tribunal also had to consider its jurisdiction concerning any other applicants, which it found it did not possess.

The Tribunal concluded that there had been non-compliance by the applicant as described in the notice given under section 107 of the *Migration Act 1958* (Cth). Applying the relevant provisions and considering the totality of the circumstances, including the cessation of the de facto relationship and the subsequent conception of a child with another person, the Tribunal determined that the visa cancellation was warranted. The Tribunal affirmed the delegate's decision to cancel the visa.