Zhao (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 155 (Five Year Resident Return) visa held by the applicant, Mr. Zhao. The cancellation was based on alleged non-compliance with visa requirements, specifically the provision of incorrect information in a previous visa application concerning the applicant's child and the balance of family test. A second applicant, whose status was not subject to review, was also mentioned.

The Tribunal was required to determine whether the applicant had failed to comply with the conditions of his visa by not declaring a child residing in his home country. It also had to consider whether the Tribunal had jurisdiction over the second applicant and, importantly, whether the Tribunal should exercise its discretion to cancel the applicant's visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had indeed failed to declare his child, which constituted non-compliance. While the applicant claimed an intermittent relationship with the child's mother and unawareness of paternity until shortly before his departure from his home country, the Tribunal noted contradictory information provided in the mother's partner visa application, including a birth certificate. The Tribunal concluded that the breakdown of the relationship with the mother and the withdrawal of her visa application did not alter the paternity issue. Despite considering the applicant's mental health and the settled life of his adult children in Australia, the Tribunal affirmed the decision to cancel Mr. Zhao's visa. The Tribunal also determined it had no jurisdiction concerning the second applicant.