Xu (Migration)

This matter concerned the review of a decision to cancel the Subclass 187 (Regional Sponsored Migration Scheme) visa held by the applicant, Mr. Xu. The cancellation was based on alleged non-compliance with sections 101 and 103 of the *Migration Act 1958* (Cth), relating to providing correct information in a visa application and not providing bogus documents. The Tribunal was required to determine whether the applicant had indeed failed to comply with these provisions and, if so, whether the visa should be cancelled.

The Tribunal considered the applicant's visa application, an IELTS test report, a Notice of Intention to Consider Cancellation (NOICC), and the applicant's response. The NOICC specified that the applicant had answered "Yes" to having undertaken an English language test within the last 36 months and provided details of an IELTS exam, while also declaring that all information provided was complete and correct. The core legal issue was whether this representation constituted an incorrect answer or the provision of a bogus document, thereby engaging the Minister's power to cancel the visa under section 109 of the Act.

The Tribunal found that the applicant had not provided evidence of competent English and that the non-compliance alleged in the NOICC was established. The Tribunal noted that the applicant did not dispute the validity of the NOICC. While the applicant presented evidence of established life in Australia, the value of his skilled trade work, and hardship due to COVID-19 travel restrictions, these factors did not negate the established non-compliance. The Tribunal affirmed the decision to cancel the applicant's visa, noting it had no jurisdiction with respect to other applicants.