1517296 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 187 - Regional Sponsored Migration Scheme visa. The dispute arose from allegations that the applicant had failed to comply with section 103 of the Migration Act 1958 by providing a bogus document, specifically an IELTS test result form where the photograph differed from that on the online verification service, suggesting another person may have undertaken the test. The Administrative Appeals Tribunal (AAT) considered the evidence presented by both the applicant and the Department of Immigration and Border Protection.

The primary legal issues before the Tribunal were whether the notice issued under section 107 of the Act complied with statutory requirements, whether the applicant had indeed failed to comply with section 103 by providing a bogus document, and if so, whether the visa should be cancelled. The Tribunal was required to determine if the delegate had reached the necessary state of mind to engage section 107 and if the particulars of non-compliance provided in the notice were sufficient.

The Tribunal reasoned that the section 107 notice was valid and complied with the statutory requirements. It found that the applicant had provided a bogus document, as the discrepancy in photographs on the IELTS test result form indicated a potential tampering or that another individual had sat the test. Despite the applicant's statutory declaration and attempts to retrieve records, the Tribunal was not satisfied that the applicant had demonstrated compliance with section 103. Consequently, the Tribunal concluded that the visa cancellation decision was appropriate.

The Tribunal affirmed the decision to cancel the applicant's Subclass 187 visa. The Tribunal also noted that it had no jurisdiction with respect to other applicants.