2106901 (Migration)

This matter concerned an appeal by a visa holder against the cancellation of their Subclass 417 (Working Holiday) visa. The dispute arose from allegations that the applicant had provided incorrect information in their visa application, specifically regarding specified work in regional Australia, as an employer reported no record of the applicant. The decision was made by a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the Migration Act 1958, which requires that no incorrect answers be given in a visa application. The Tribunal was also required to determine if 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.

The Tribunal affirmed the decision to cancel the visa. It found that the notice issued under section 107 was valid and that the applicant had indeed failed to comply with section 101(b) of the Act by providing incorrect information. The Tribunal noted that section 100 of the Act clarifies that an answer is considered incorrect even if the applicant was unaware of the inaccuracy. Despite the applicant's submission that lockdown travel restrictions due to the COVID-19 pandemic impacted their ability to provide accurate information, the Tribunal concluded that, having regard to all relevant circumstances, the visa should be cancelled.