2014338 (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Subclass 482 (Temporary Skill Shortage) visa. The dispute centred on whether the applicant had provided bogus documents and incorrect information in support of her visa application, thereby breaching sections 101(b) and 103 of the Migration Act 1958.

The Tribunal was required to determine if the applicant had failed to comply with the provisions of the Act concerning the provision of correct information and the submission of bogus documents. Specifically, the Tribunal had to assess whether two employment references, one from [Hospital 1] and another from [Hospital 2], were indeed bogus documents, and if their submission constituted a breach of the applicant's obligations under the Act. The Tribunal also had to consider the exercise of discretion regarding the cancellation of the visa, weighing the circumstances of the non-compliance against other relevant factors.

The Tribunal found that the employment reference from [Hospital 2], dated 3 April 2015, was a bogus document, deliberately produced in support of the applicant's visa application. This conclusion was based on departmental integrity checks conducted in India, a "dob-in" report, and information shared by Canadian immigration authorities, which collectively cast doubt on the authenticity of the references. While the Tribunal accepted the applicant's claimed employment at [Hospital 1] for a period exceeding two years, which weighed against cancellation, it attached significant weight to the intentional submission of the bogus document. The Tribunal also considered the applicant's personal circumstances, including her financial support of her parents and repayment of a debt to her sister, but concluded that these factors were outweighed by the seriousness of the non-compliance.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 482 visa, finding that the discretionary considerations in favour of cancellation decisively outweighed those in favour of non-cancellation.