Zhao (Migration)

The applicant, Mr Zhao, sought judicial review of the decision to cancel his Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The cancellation was based on the ground that Mr Zhao had provided incorrect information in his visa application, specifically concerning the details of his sponsoring employer and the position offered. The decision under review affirmed the cancellation.

The primary legal issue before the court was whether the delegate had erred in law in affirming the cancellation of Mr Zhao's visa. This involved determining whether the information provided in the visa application was indeed incorrect, and if so, whether the delegate had properly considered the exercise of discretion in cancelling the visa. A further consideration was whether the visa had been granted based on this incorrect information, and whether the actions of a migration agent, including alleged fraudulent conduct, were relevant to the delegate's decision.

Justice Synon found that the nomination submitted for Mr Zhao's visa was not based on the knowledge of the sponsoring business and did not represent an offer of a genuine position. Consequently, the visa had been granted based on incorrect information. The court affirmed the delegate's decision, finding no error of law in the cancellation of the visa.