Yu (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an appeal by an applicant against the cancellation of their Skilled Independent (Subclass 189) visa. The cancellation was based on the applicant's alleged non-compliance with visa requirements, specifically the submission of bogus documents and making false claims.

The primary legal issue before the Tribunal was whether the applicant had failed to meet the criteria for the visa, thereby justifying its cancellation. This involved determining if the applicant had made a false claim regarding their de facto relationship status and provided incorrect information in their visa application, with the intention of financial gain.

The Tribunal found that the applicant had indeed engaged in non-compliance as described in the notice given under section 107 of the Migration Act 1958 (Cth). After considering all relevant circumstances, the Tribunal concluded that the visa cancellation was appropriate. Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 189 visa.