2011784 (Migration)

The Administrative Appeals Tribunal (Cth) reviewed a decision by the Department of Immigration and Border Protection to cancel the applicant's Working Holiday (Temporary) (Class TZ) visa, subclass 417. The dispute arose from the applicant providing incorrect information in her visa applications, specifically failing to declare a change of name and previous visa history.

The Tribunal was required to determine whether the applicant had failed to comply with section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect answers in her visa applications. It also had to consider whether the notice issued under section 107 of the Act complied with statutory requirements and, if non-compliance was established, whether the visa should be cancelled under section 109 of the Act.

The Tribunal found that the applicant had indeed failed to comply with section 101(b) by providing incorrect answers in two Working Holiday visa applications. The applicant admitted to knowing her answers were untruthful, stating she changed her name for good luck and was advised by a colleague that she could re-apply for the same visa under a new name. Despite a submission from her representative suggesting mistakes, the applicant's own evidence confirmed an intention to be untruthful. The Tribunal concluded that the section 107 notice was valid and that the cancellation power under section 109 was engaged. The Tribunal affirmed the decision to cancel the applicant's visa.