Zhang (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Zhang, who sought review of the decision to cancel his Subclass 155 (Five Year Resident Return) visa. The cancellation was based on allegations of non-compliance with his obligations under the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the ground for cancellation was established, and if so, whether the visa should be cancelled. Specifically, the Tribunal had to determine if Mr. Zhang had failed to notify the Department of Home Affairs of a change in his circumstances, as required by section 104 of the Act, in relation to a previous visa application. The Tribunal also considered whether the notice of intention to cancel the visa issued under section 107 of the Act complied with statutory requirements.

The Tribunal found that Mr. Zhang had been granted a Subclass 100 Spouse (Migrant) visa on 27 August 2010, based on his relationship with his sponsor, Ms. Wenjing Wang. However, a Notarial Certificate dated 21 November 2014 indicated that Mr. Zhang and Ms. Wang had registered their divorce on 29 April 2009, approximately 16 months prior to the grant of the Subclass 100 visa. The Tribunal concluded that Mr. Zhang had failed to inform the Department of this significant change in circumstances, which rendered an answer on his visa application incorrect. The Tribunal reasoned that had the Department been aware of the divorce, it was likely the Subclass 100 visa would have been refused. The Tribunal was satisfied that the notice issued under section 107 complied with the Act and that Mr. Zhang had indeed failed to comply with section 104.

Consequently, the Tribunal affirmed the decision to cancel Mr. Zhang's Subclass 155 (Five Year Resident Return) visa.