2109825 (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Bridging A (Class WA) visa, Subclass 010. The applicant had been granted this visa in association with an application for a protection visa. The dispute arose from allegations that the applicant had provided incorrect answers and bogus documents in a previous visitor visa application, and subsequently in his protection visa application.

The Tribunal was required to determine whether the applicant had failed to comply with sections 101(b) and 103 of the Migration Act 1958, which relate to providing correct information in visa applications and not submitting bogus documents. It also needed to consider whether the notice issued by the Department under section 107 of the Act complied with its requirements, and if so, whether the discretion to cancel the visa under section 109 of the Act should be exercised.

The Tribunal found that the applicant had indeed provided incorrect information regarding his employment and residence history in his visitor visa application, and that he had presented a bogus document, specifically an altered [Country 1] residence permit. The Tribunal noted that while the applicant's subsequent protection visa application was still ongoing, the discrepancies in his previous applications were significant. Despite the applicant's reliance on an agent in his home country and the fact that cancellation would not immediately result in removal due to his ongoing protection visa application, the Tribunal concluded that the non-compliance was substantial and weighed heavily in favour of cancellation.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Bridging A visa.