Xing (Migration)

This matter concerned an appeal by the applicant, Ms Xing, against the cancellation of her Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme). The applicant had ceased employment with her sponsor four months prior to the grant of her visa. The Tribunal was required to consider the applicant's explanations for this cessation, which included complications with her pregnancy and the ill health of a family member, as well as assess the credibility of the evidence provided.

The primary legal issues before the Tribunal were whether the applicant had met the criteria for the Subclass 187 visa, specifically concerning the cessation of employment with her sponsor, and whether the Minister had correctly exercised the power to cancel her visa. The Tribunal also had to determine the veracity of the applicant's claims regarding her circumstances and her future intentions in Australia, particularly in light of her immigration and study history.

The Tribunal considered the applicant's evidence that she had ceased employment due to pregnancy complications and family illness. However, it also noted inconsistencies and a lack of corroboration for certain aspects of her claims, particularly concerning financial matters and the timeline of her employment. The Tribunal found that the applicant's immigration history, which included multiple course transfers and cancellations of study enrolments, raised credibility concerns. Furthermore, the Tribunal questioned the source of funds for significant property purchases, noting a discrepancy between the stated sale of an apartment in China and the total deposit amounts for Australian properties. The Tribunal also noted that the applicant's husband's business had zero turnover and was not generating income, and that their current living expenses were being met from savings.

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