Wu (Migration)

This matter concerned an appeal by the applicant, Ms Wu, against the cancellation of her Skilled Independent (Permanent) visa (Subclass 189). The dispute arose from the applicant's submission of a bogus IELTS document, where an imposter had sat the English language test on her behalf. The Administrative Appeals Tribunal was required to determine whether the visa cancellation was justified.

The Tribunal was tasked with considering whether the applicant had failed to comply with sections 101 and 103 of the Migration Act 1958 (Cth), which broadly require non-citizens to provide correct information and not to submit bogus documents in their visa applications. If non-compliance was established, the Tribunal then had to exercise its discretion under section 109(1) of the Act to decide whether the visa should be cancelled, having regard to prescribed circumstances including the nature of the non-compliance, the applicant's present circumstances, and any other relevant factors.

The Tribunal found that the applicant had indeed provided incorrect information and a bogus document, as she had paid an imposter to sit the IELTS test, and the results were then submitted as her own. This was a deliberate act to circumvent the English language proficiency requirements for the visa. The Tribunal placed significant weight on the fact that the visa grant was wholly or partly based on this fraudulent conduct, describing it as immigration fraud. While acknowledging the potential hardship to the applicant, including the impact on her business and family, the Tribunal concluded that these factors were not sufficient to outweigh the seriousness of the immigration fraud.

The Tribunal affirmed the decision to cancel the applicant's visa.