457 Visa cancellation due to incorrect documents – Visa not cancelled

July 29, 2021 - Published Cases

The applicant had been granted a 457 visa with his wife and son included as dependants. The family had been living happily in Australia for a number of years after emigrating from China. However, the applicant’s visa was suddenly cancelled because DIAC discovered that the applicant had provided incorrect information in his original visa application. Specifically, he had made claims that he had worked in certain companies in China, dealing with specific matters. However, upon investigation by the Australia High Commission in China, it was found that he had never worked in those companies and had actually been working in a government position the whole time. It looked as if the applicant had not complied with the Migration Act, and he and his family’s lives in Australia were in jeopardy.

On review, we argued before the Migration Review Tribunal that the applicant had indeed worked in all the positions stated in his resume, however this was all in an unofficial capacity. This is because in China, government employees are not able to be involved in private business activities, but it is common practice for government employees to supplement their income with other jobs in private enterprise. So, even though the applicant had been involved with these other companies and had held shares in them, there was no ‘official’ way for the Australian High Commission to discover this. We also highlighted the fact that the applicant’s son was now in the middle of an undergraduate degree at an Australian University, therefore it would cause great difficulty for him if the applicant’s visa were cancelled.

Our arguments were successful and the Tribunal set aside the decision and decided not to cancel the applicant’s visa.

Related Link: MRT Decision

Originally posted on October 18, 2007 @ 2:00 pm