Zhao (Migration)

This matter concerned the cancellation of a Business Skills (Residence) (Class DF) visa, Subclass 890 (Business Owner), held by the first applicant, Ms Leiyan Zhao. The Department of Home Affairs had cancelled Ms Zhao's visa on the grounds that she had provided incorrect information in her visa application and failed to notify the Department of changes in her circumstances, specifically regarding her role as a director and owner of a business and the sale of a property. The second and third applicants were also involved, though the Tribunal ultimately found it had no jurisdiction concerning them.

The primary legal issues before the Tribunal were whether Ms Zhao had failed to comply with sections 101 and 104 of the *Migration Act 1958* (Cth), as particularised in the notice issued under section 107 of the Act, and if so, whether her visa should be cancelled. The alleged non-compliance related to her assertion of being a director of Auschina Investment & Trading Pty Ltd and her failure to notify the Department of the sale of a property prior to the grant of her visa.

The Tribunal determined that while there had been non-compliance with the Act, specifically concerning the incorrect information provided in her application and the failure to notify of a change in circumstances, it was not a case where the visa should be cancelled. The Tribunal considered the factors for and against cancellation, noting that the sale of the property had been subject to a court order that was later set aside on appeal, and that the applicant's agent had posted a change of circumstances form which was not received by the Department. The Tribunal concluded that the visa should not be cancelled.

The Tribunal set aside the decision under review and substituted a decision not to cancel the first applicant's Subclass 890 visa. The Tribunal also stated that it had no jurisdiction with respect to the second and third applicants.