Xiao (Migration)

The applicant, Xiao, sought review of a decision to cancel their Subclass 155 (Five Year Resident Return) visa. The dispute arose from alleged non-compliance with visa application requirements, specifically providing incorrect answers and having brief periods of unlawful residence due to overstaying a previous Student visa. The matter was heard by Kira Raif, Senior Member, of the Tribunal.

The primary legal issue before the Tribunal was whether, in light of all the relevant circumstances, the applicant's Subclass 155 visa should be cancelled. This required the Tribunal to consider the nature of the non-compliance, the applicant's immigration history, and whether the breach had an insignificant effect on their eligibility for the visa.

The Tribunal concluded that, despite the non-compliance, the circumstances did not warrant visa cancellation. It found that the incorrect answers in the visa application and the brief periods of unlawful residence constituted a genuine mistake and had an insignificant effect on the applicant's eligibility for the visa. Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa.