1725680 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 186 Employer Nomination (Permanent) visa. The dispute arose from allegations that the applicant provided incorrect information and bogus documents in her visa application, specifically concerning her spouse.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth), particularly section 101, by providing false or misleading information and bogus documents. It also needed to assess whether the notice issued under section 107 of the Act, which particularised the alleged non-compliance, was valid and whether the visa should be cancelled in light of these findings.

The Tribunal found that the applicant had provided incorrect information regarding her spouse's name, previous countries of residence, and whether he had ever overstayed a visa. Furthermore, the Tribunal was satisfied that the documents provided, including a birth certificate and passport for the spouse, were bogus. The Tribunal concluded that the delegate had formed the necessary state of mind to engage section 107 and that the notice issued complied with statutory requirements. Based on these findings of non-compliance, the Tribunal affirmed the decision to cancel the applicant's visa.