Ying (Migration)

This matter concerned an application for review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel the applicant's Subclass 155 (Five Year Resident Return) visa. The cancellation was based on the applicant having provided incorrect information in a previous visa application, specifically regarding their location of employment, which was submitted by their Regional Skilled Migration Scheme (RSMS) nominator.

The primary legal issue before the Court was whether the applicant had, in fact, provided incorrect information in their previous visa application, thereby triggering the ground for cancellation under the Migration Act 1958 (Cth). This involved an examination of the nature of the information provided by the RSMS nominator and whether it could be attributed to the applicant as "incorrect" for the purposes of the cancellation provisions.

The Court found that the information provided by the RSMS nominator, which was relied upon by the Department in cancelling the visa, was not demonstrably incorrect. The Court reasoned that the nominator's statement regarding the applicant's location of employment was a representation made by the nominator, and there was insufficient evidence to establish that the applicant had knowingly or recklessly provided false information. Consequently, the ground for cancellation was not made out.

The Court set aside the decision under review and remitted the matter to the Minister for reconsideration according to law.