1608009 (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 189 Skilled Independent visa. The dispute arose from the Department's belief that the applicant, Bishnu Kunwar (born 19 April 1986), was the same person as Rajendra Karki (born 10 January 1988), who had previously departed Australia. This belief was based on a facial recognition report, leading to a notice of intention to cancel the visa under s 109 of the *Migration Act 1958* (Cth) due to alleged non-compliance with visa application requirements.

The Tribunal was required to determine whether the applicant had failed to comply with the provisions of the *Migration Act 1958* concerning the accuracy of information provided in visa applications, and if so, whether the cancellation of his visa was appropriate. Specifically, the court considered the applicant's admitted use of a false identity to re-enter Australia after his previous visa applications under his true name were refused.

The Tribunal reasoned that the applicant had provided incorrect information in his visa application by failing to disclose his true identity and prior immigration history, thereby contravening s 101 of the *Migration Act 1958*. The applicant admitted to being advised by a migration agent in Nepal to return to Australia under a different name due to his previous visa refusals and the perceived closure of Australian immigration pathways for him. The Tribunal found that the applicant's actions demonstrated a disregard for Australian migration laws and that he had not voluntarily disclosed his false identity. In considering the prescribed circumstances under Regulation 2.41, the Tribunal noted the seriousness of the applicant's conduct, his failure to voluntarily disclose, and the limited consequences of visa cancellation in this instance.

The Tribunal affirmed the decision to cancel the applicant's Subclass 189 Skilled Independent visa.