Yeung (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to cancel Ms Yeung's Subclass 820 (Partner) visa and her Subclass 010 (Bridging A) visa. The cancellation was based on the ground that Ms Yeung had failed to provide correct information in her application for the Partner visa, thereby contravening section 101 of the Migration Act 1958 (Cth). The core dispute revolved around whether the ground for cancellation was established and, if so, whether the visas should be cancelled.

The court was required to determine two primary legal issues. Firstly, whether the notices of intention to cancel Ms Yeung's visas, issued under section 107 of the Act, complied with the statutory requirements, particularly concerning the particulars of the alleged non-compliance. Secondly, if the notices were valid, whether Ms Yeung had indeed failed to comply with section 101 of the Act by providing incorrect answers in her visa application, and if so, whether the cancellation of her visas was warranted.

The court found that the notices issued under section 107 were valid. It reasoned that the delegate had reasonably formed the view that Ms Yeung may not have complied with her obligations under section 101, given the information available, including her answers to specific questions in her visa application form regarding previous visa cancellations, other names, removals, and visa overstays. The court noted that section 100 of the Act clarifies that an answer is incorrect for the purposes of section 101 even if the applicant did not know it was incorrect. The Tribunal affirmed the delegate's decision, concluding that Ms Yeung had provided incorrect answers in her visa application and that, having regard to all relevant circumstances, both her Subclass 820 and Subclass 010 visas should be cancelled.