1823475 (Migration)

This matter concerned an appeal against the cancellation of a Skilled (Residence) (Class VB) visa, Subclass 887 (Skilled – Regional). The applicant had provided information in his visa application that was later found to be incorrect. The Administrative Appeals Tribunal was required to determine whether a valid notice had been issued under section 107 of the Migration Act 1958 (Cth), whether there was non-compliance as described in that notice, and if so, whether the visa should be cancelled.

The Tribunal was required to determine three key issues. Firstly, whether a valid notice under section 107 of the Act had been issued. Secondly, if a valid notice was issued, whether the applicant had failed to comply with the Act in the manner described in the notice. This involved assessing whether the applicant had provided incorrect information regarding his name and whether he had ever been the subject of an arrest warrant. Thirdly, if non-compliance was established, the Tribunal had to consider whether the visa should be cancelled, exercising its discretion under section 109 of the Act.

The Tribunal found that a valid notice under section 107 had been issued and that the applicant had indeed provided incorrect information in his visa application. Specifically, the applicant had stated he was not known by any other names and had not been the subject of an arrest warrant, when evidence indicated he was also known as "Mr B" and was wanted by Indian police in relation to an arrest warrant. The Tribunal concluded that this constituted non-compliance with section 101 of the Act. In exercising its discretion under section 109, the Tribunal considered the prescribed circumstances, including that the visa grant was based on incorrect information, and noted that the applicant was unlikely to have been granted the visa had the Department been aware of the correct information.

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