Xia (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 190 – Skilled – Nominated (Permanent) visa. The cancellation was based on the applicant providing incorrect information, specifically concerning a bogus document and the assertion of a de facto relationship with Ms Liu, which was found to be untrue.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that warranted visa cancellation. It also had to consider the applicant's arguments regarding significant hardship to himself and his family, and the best interests of his child, in light of his intentional involvement in the fraudulent conduct.

In its reasoning, the Tribunal found that the applicant had indeed engaged in non-compliance as outlined in the notice given under section 107 of the *Migration Act 1958* (Cth). Despite acknowledging the potential for significant hardship and considering the best interests of the child, the Tribunal concluded that the applicant's intentional participation in the provision of false information was a critical factor. Consequently, the Tribunal affirmed the decision to cancel the visa.