Subclass 189 Visa Cancellation for Relationship Fraud Fully Overturned at ART

Visa TypeSubclass 189

CategorySkilled Migration

Case Summary

Primary and secondary applicants facing cancellation of their Subclass 189 visas based on allegations of relationship fraud had the Department's decision fully reversed at the Administrative Review Tribunal through targeted supplementary submissions prepared during a 21-day extension.

Background

The cancellation of a Subclass 189 skilled migration visa was initiated against both the primary and secondary applicants based on allegations of relationship fraud. The Department had obtained substantial evidence through cross-referencing that revealed numerous discrepancies in the application materials. The case was further complicated by an ongoing Departmental investigation into the unregistered migration agent involved in the original application. There were also legal restrictions on the full disclosure of the Department's evidence during proceedings.

Challenges

Serious relationship fraud allegations supported by substantial cross-referenced evidence from the Department
The Department's evidence could not be fully disclosed during proceedings due to legal restrictions, limiting the ability to directly respond
The Tribunal Member opened the hearing with strong scepticism and firm support for the Department's cancellation decision
Involvement of an unregistered migration agent in the original application added a further layer of complexity

How We Helped

We assisted the appellants in preparing extensive documentation prior to the ART hearing. At the hearing — despite the Member's initially hostile reception — we made strategic oral submissions that secured an additional 21-day period to submit further evidence. During this extended period, we conducted multiple case conferences, thoroughly re-examined all documentation, maintained close communication with the appellants, and prepared comprehensive supplementary submissions with their full cooperation. The materials were submitted on the final day of the extension.

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Key Success Factors

Strategic oral submissions at the outset of the hearing that secured the critical 21-day extension for supplementary evidence
Full cooperation from the appellants during the extended period, enabling thorough document review and preparation
Comprehensive supplementary submissions that directly addressed the Tribunal Member's concerns and shifted the Member's perspective

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Outcome

The substantial supplementary materials proved decisive. The Tribunal Member's view shifted substantially upon review, and the Department's decision was fully reversed the following day. Both applicants' Subclass 189 visas were reinstated. This outcome demonstrates that even in cases involving serious fraud allegations with compelling evidence, skilled representation and meticulous preparation can achieve a complete reversal.

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