PIONEERING EXCELLENCE IN FAMILY, PROPERTY, AND IMMIGRATION LAW - YOUR TRUSTED PARTNER FOR LEGAL SOLUTIONS
PIONEERING EXCELLENCE IN FAMILY, PROPERTY, AND IMMIGRATION LAW - YOUR TRUSTED PARTNER FOR LEGAL SOLUTIONS
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PIONEERING EXCELLENCE IN FAMILY, PROPERTY, AND IMMIGRATION LAW - YOUR TRUSTED PARTNER FOR LEGAL SOLUTIONS
PIONEERING EXCELLENCE IN FAMILY, PROPERTY, AND IMMIGRATION LAW - YOUR TRUSTED PARTNER FOR LEGAL SOLUTIONS
How a Skilled Visa Subclass 190 Was Saved by Compassionate Factors
By Darren Ho (Proficient Legal) – Immigration Lawyers, Australia
In a rare and compassionate decision handed down on 11 May 2025, the Administrative Review Tribunal (ART) set aside the cancellation of a Skilled (Subclass 190) visa issued to our client, referred to here as “Mr X” to protect his privacy. This case serves as a powerful reminder that Australia's migration framework is not only guided by legal rules but also by fairness, compassion, and proportionality.
Mr X had been living in Australia for over 11 years, arriving as a 19-year-old student to pursue a Bachelor of Engineering (Electrical) at QUT. Amid severe family hardship, including the collapse of his parents’ finances and his mother’s terminal illness, he submitted a false employment document in his visa application. While such conduct typically triggers automatic cancellation under Public Interest Criterion (PIC) 4020, the Tribunal took a more nuanced view.
Importantly, the Tribunal found that the false document had no bearing on the outcome of the visa application—Mr X already met the points test threshold without it. The breach was isolated and occurred during a time of exceptional financial and emotional strain.
What proved decisive were the compelling personal circumstances and the genuine remorse demonstrated by Mr X. He is now in a committed de facto relationship with an Australian permanent resident and serves as a father figure to her two young Australian citizen children. The Tribunal accepted that his removal would cause significant hardship to the family, particularly the children who had experienced past domestic violence and now found safety and stability in Mr X’s care.
Additionally, Mr X was found to be employed in his skilled field, was contributing positively to the workforce, and had a track record of community involvement, including volunteering in medical research and temple activities. He was clearly seen as someone of value to Australian society.
This case highlights several important principles for migration practitioners and clients alike:
● Materiality matters: If a false or misleading document did not affect the visa outcome, that fact may weigh against cancellation.
● Context counts: An isolated incident arising under severe personal hardship may be treated with greater compassion.
● Family hardship, particularly where children are involved, is highly persuasive, especially if the visa holder plays a significant emotional and caregiving role.
● Demonstrated remorse and ongoing contributions to Australia can make all the difference.
While Mr X was fortunate, this case reaffirms that genuine reform, community contribution, and strong family ties can shift the outcome in one’s favour—even in the face of visa breaches. Compassion prevailed at the end of the day!
At Proficient Legal, we are proud to have assisted in achieving this outcome—and we continue to advocate for just results in complex visa matters.
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