Zhang (Migration)

This matter concerned an appeal by an applicant, identified as Zhang, against the cancellation of his Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – labour agreement stream. The cancellation was based on allegations of providing incorrect information and a bogus document in his visa application, specifically relating to his employment history and a work reference certificate. The applicant's wife was also an applicant, but the Tribunal noted it had no jurisdiction to review her visa cancellation.

The primary legal issue before the Tribunal was whether the applicant had provided incorrect information or a bogus document in contravention of the *Migration Act 1958* (Cth). This involved assessing conflicting evidence regarding the applicant's claimed employer's operational status and the validity of the employment reference. The Tribunal was required to determine if the applicant had acted forthrightly and honestly in his dealings with the Department, particularly in light of departmental integrity checks that suggested the company had ceased operations and therefore could not have issued the reference certificate at the time stated.

The Tribunal found that while there was conflicting evidence regarding the company's operations, the applicant had provided forthright and honest evidence, including a skills assessment and a continuing reference from his employer. The Tribunal was not satisfied that the applicant had engaged in non-compliance in the manner described in the notice issued under section 107 of the Act. Consequently, the discretionary power to cancel the applicant's visa did not arise.

The Tribunal set aside the decision to cancel the applicant's Subclass 482 visa and substituted a decision not to cancel it. The Tribunal also confirmed it had no jurisdiction with respect to the other applicant, identified as the applicant's wife.