Zhou (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of the applicant, Ms. Zhou. The cancellation was based on the applicant providing an incorrect answer in her visa application and submitting a bogus document concerning the identity of her biological father.

The Tribunal was required to determine whether the decision to cancel the applicant's visa was correct. This involved considering whether the non-compliances occurred without the applicant's knowledge or effective consent, and whether the reasons for not cancelling the visa outweighed the reasons for cancellation.

The Tribunal found that the non-compliances occurred without the applicant's knowledge or effective consent. It further determined that the impact of splitting the family unit was a significant factor. Ultimately, the Tribunal concluded that the reasons for not cancelling the applicant's visa clearly outweighed the reasons for cancellation.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 500 (Student) visa.