2108045 (Migration)

This matter concerned an application by a holder of a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, to review the decision to cancel her visa. The cancellation was based on allegations that she provided incorrect information in her extension application, specifically regarding her completion of three months of specified work in a regional area while holding her first visa. Verification checks indicated that the claimed work had not been undertaken.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in her visa application, and if so, whether the discretion to cancel her visa should be exercised. The applicant had declared she had undertaken 90 days of specified work in a regional area between March and July 2020, which was a criterion for her second Working Holiday visa.

The Tribunal found that while the notice of non-compliance issued under section 107 of the Act complied with statutory requirements and that the applicant had indeed provided incorrect information regarding her work experience, it ultimately set aside the cancellation decision. This was due to compelling evidence of the applicant's severe psychological trauma, including exposure to extreme violence and abduction in her home country, her subsequent supportive relationship, network, and counselling. The Tribunal concluded that, having regard to all the relevant circumstances, the visa should not be cancelled.