1505930 (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the applicant's Subclass 885 (Skilled - Independent) visa. The applicant's registered migration agent advised the Tribunal that the applicant did not wish to give oral evidence and consented to the Tribunal proceeding on the available evidence.

The Tribunal was required to determine whether the applicant had failed to comply with relevant sections of the *Migration Act 1958* (Cth), specifically those requiring the provision of correct information in visa applications and passenger cards, and the prohibition against providing bogus documents. The Tribunal also had to consider whether a notice issued under section 107 of the Act, detailing the alleged non-compliance, was valid and whether the visa cancellation power under section 109 of the Act had been validly engaged.

The Tribunal found that a notice issued under section 107 of the Act on 18 March 2015 was valid and complied with statutory requirements. It further concluded that the applicant had engaged in non-compliance as particularised in that notice. The Tribunal reasoned that the exercise of the cancellation power under section 109 is conditional on the Minister issuing a valid notice under section 107, which it found had occurred. Having determined that non-compliance had been established and that the notice was valid, the Tribunal proceeded to consider whether the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's visa.