1725670 (Migration)

This decision concerns an appeal by an applicant against the Tribunal's affirmation of the cancellation of their Employer Nomination (Permanent) visa, Subclass 186. The visa was cancelled on the grounds that the applicant had provided incorrect information and bogus documents in their visa application, specifically a false birth certificate and passport, and had failed to disclose an exclusion period. The applicant's circumstances, including having Australian children with special needs and the availability of appropriate health services in Nepal, were also considered.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107. This involved determining if the applicant had provided false or misleading information, used bogus documents, or failed to disclose relevant changes in circumstances, thereby engaging section 109 of the Act. The Tribunal also had to consider whether the notice issued under section 107 was valid and complied with statutory requirements.

The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued was valid. The Tribunal was satisfied that the applicant had not complied with section 101 of the Act. This was based on evidence suggesting that the applicant had provided a false birth certificate and passport, and had answered "no" to questions regarding other names, previous countries of residence, and visa overstays, when this was not the case. The Tribunal noted that facial comparison indicated the applicant was the same person as another individual, suggesting a misrepresentation of identity. The Tribunal concluded that the decision to cancel the applicant's visa should be affirmed.