Zhang (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Subclass 190 Skilled Nominated visa held by the applicant, Zhang. The dispute arose from allegations that the applicant provided incorrect information in their visa application, specifically concerning their employment history, and submitted a bogus document, namely a resume, along with a recommendation letter and insurance payment records.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) (the Act) as outlined in a notice given under section 107. This involved determining if the information provided was indeed incorrect or untruthful, and if the documents submitted were considered bogus. The Tribunal was also required to consider whether, in light of any non-compliance, it was appropriate to exercise its discretion to affirm the cancellation of the visa.

The Tribunal found that the applicant had indeed failed to comply with the requirements of section 107 of the Act. It concluded that the applicant had provided untruthful information in response to a Notice of Intention to Consider Cancellation (NOICC). The Tribunal considered the applicant's employment history, resume, recommendation letter, and insurance payment records, and determined that the decision to grant the visa had been based on incorrect information, which was a deliberate and calculated decision by the applicant. Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 190 visa. The Tribunal noted it had no jurisdiction concerning any other applicants.