Zhu (Migration)

This matter concerned the review of a decision to cancel the Subclass 482 – Temporary Skill Shortage visa held by the first applicant, and the Tribunal's jurisdiction concerning other applicants. The dispute arose from allegations of incorrect information provided in the visa application, specifically relating to a reference from an employer in China that had since been liquidated, although the employment itself was confirmed.

The primary legal issue before the Tribunal was whether the Minister had the power to cancel the applicant's visa. This required determining if there had been non-compliance with the relevant provisions of the *Migration Act 1958* (Cth), particularly concerning the accuracy of information provided in the visa application and any subsequent responses. The Tribunal also had to consider its own jurisdiction in relation to the other applicants.

The Tribunal found that it was not satisfied that the applicant had failed to comply with the Act in the manner described in the notice issued under section 107. Consequently, the discretionary power to cancel the visa did not arise. The Tribunal therefore set aside the decision under review and substituted a decision not to cancel the first applicant's visa. The Tribunal also determined that it lacked jurisdiction with respect to the other applicants.