Zhang (Migration)

The Administrative Appeals Tribunal considered the application of Mr Zhang concerning the cancellation of his Skilled Independent (Subclass 189) visa. The Department of Home Affairs had issued a notice under s 107 of the Migration Act 1958 (Cth) indicating its intention to cancel Mr Zhang's visa due to alleged non-compliance in his visa application. Mr Zhang contended that he had no knowledge of the provision of bogus documents and denied having a spouse or de facto relationship with Ms Chen, who was involved in the application process.

The Tribunal was required to determine whether the grounds for cancellation under s 107 of the Act were established, and if so, whether the visa should be cancelled, having regard to all relevant circumstances. This involved assessing the applicant's knowledge and involvement in any misrepresentations made during the visa application process, as well as considering factors such as his contributions to the community and the best interests of his daughter.

In its reasoning, the Tribunal found that while there may have been non-compliance as described in the s 107 notice, it concluded that, having regard to all the relevant circumstances, the visa should not be cancelled. The Tribunal specifically noted Mr Zhang's contributions to the community and the best interests of his daughter, which weighed against cancellation. Consequently, the Tribunal set aside the decision to cancel Mr Zhang's Subclass 189 visa and substituted a decision not to cancel it.