Zhou (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Subclass 155 (Five Year Resident Return) visa held by Mr. Zhou. The cancellation was based on alleged non-compliance with section 107 of the Migration Act 1958 (Cth), stemming from incorrect information provided in his wife's previous visa application. Specifically, the issue arose because Mr. Zhou had not disclosed the existence of two children from a previous relationship, and his wife was unaware of these children. Mr. Zhou claimed he was also unaware that these children were his.

The Tribunal was required to determine whether Mr. Zhou had failed to comply with the Act in the manner described in the cancellation notice. Furthermore, the Tribunal had to consider whether, in light of all the relevant circumstances, the discretion to cancel Mr. Zhou's visa should be exercised. This involved assessing the balance of probabilities regarding Mr. Zhou's knowledge of his children, his relationship with them, and the potential hardship that cancellation would cause to him and his family.

In its reasoning, the Tribunal noted that DNA testing had been conducted in relation to the children's later visa applications, suggesting a potential biological link. While Mr. Zhou claimed ignorance of his paternity and asserted no relationship with these children, the Tribunal found it "at least possible that the children were his." The Tribunal also weighed Mr. Zhou's long and settled residence in Australia, the presence of his current spouse and grandchildren, and his wife's health and ongoing medical treatment against the grounds for cancellation.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Zhou's Subclass 155 visa. The Senior Member concluded that, having regard to all the relevant circumstances, the visa should be cancelled.