Wei (Migration)

This matter concerned an appeal by Mr Wei against the cancellation of his Temporary Skill Shortage (Class GK) visa, Subclass 482. The cancellation was based on allegations that incorrect answers were provided and a bogus document was submitted with his visa application, specifically concerning his employment history and a certificate or reference. An integrity check was conducted after the visa had been granted.

The primary legal issue before the court was whether the Minister had lawfully exercised the power to cancel Mr Wei's visa under s 116 of the *Migration Act 1958* (Cth). This involved determining whether the information provided by Mr Wei in relation to his employment history and the accompanying documentation was, in fact, incorrect or a bogus document, and whether the integrity check conducted by the Department was sufficient to establish this. A further issue was whether the cancellation was consequential to a finding of a breach of a visa condition, which would have removed the Administrative Appeals Tribunal's jurisdiction to review the decision.

The court found that the evidence presented by Mr Wei, including later detailed written explanations, a skills assessment, work performance and character references, and the circumstances surrounding the company's closure and record-keeping practices, established that the certificates provided were consistent and credible. The court noted that the company's size and limited contact with employees, coupled with the disruption caused by its closure and investigation calls, explained the initial brief nature of the integrity check. The certificates were signed and sealed before the company closed, and records were retained for the statutory period. The court concluded that the evidence did not support the finding that Mr Wei had provided incorrect answers or a bogus document, and therefore the cancellation was not a valid consequential cancellation.

The decision under review was set aside.