ZHAN (Migration)

This matter concerned an appeal by the primary applicant, ZHAN, against the cancellation of his Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The cancellation was based on the grounds that ZHAN had provided incorrect information in his visa application regarding his past employment details, specifically by submitting a reference letter that was identified as a bogus document. The delegate found that this information was material to the assessment of his visa application, and had the Department been aware of the true employment history, the visa would not have been granted.

The legal issues before the court were whether the delegate erred in finding that ZHAN had provided incorrect information and a bogus document in support of his visa application, and whether the delegate had properly exercised their discretion to cancel the visa. The court was required to consider the definition of a "bogus document" under the Migration Act 1958 (Cth) and whether the employment reference letter met this definition. Furthermore, the court had to assess whether the delegate adequately considered all relevant factors, including the best interests of ZHAN's children and the integrity of the Business visa program, when deciding to cancel the visa.

The court reasoned that the delegate's conclusion that the employment reference was a bogus document was supported by an integrity check conducted by the Department, which identified the document as non-genuine, either counterfeit or altered by an unauthorised person. The delegate found this information to be material to the grant of the visa, as ZHAN would not have met the employment criteria without the stated experience. While ZHAN contended that his agent may have tampered with the document without his knowledge, the court noted his lack of explanation for this suggestion and his general lack of engagement with the Department and Tribunal regarding adverse information. The court found that the delegate had properly considered the relevant factors in exercising their discretion to cancel the visa.

The court affirmed the delegate's decision to cancel ZHAN's visa.