Zong (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 189 Skilled Independent visa held by the applicant, Zong. The Department of Home Affairs had cancelled the visa on the grounds that the applicant had provided incorrect information and bogus documents in support of their visa application, specifically concerning their de facto relationship with the primary visa applicant.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the discretion to cancel the visa should be exercised. Key issues included the veracity of the claimed de facto relationship, the significance of discrepancies in the applicant's stated addresses, and the impact of a declaration made by the applicant's father stating they had never married or entered into a de facto relationship. The Tribunal also had to consider the applicant's long residence in Australia, established businesses, social ties, and claims that the relationship had genuinely ceased shortly after the visa was granted and that the application had been prepared by the primary applicant, despite the documents being altered.

In its reasoning, the Tribunal found that the applicant had indeed failed to comply with the Act as outlined in the notice of intention to cancel. This conclusion was informed by a forensic investigation of telephone bills and the identification of differing residential and postal addresses provided in various applications and for official purposes. The Tribunal also took into account the declaration from the applicant's father. After considering all relevant circumstances, including the applicant's established life in Australia, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 189 Skilled Independent visa.