2111679 (MIGRATION)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 417 (Working Holiday) visa of an applicant. The dispute arose from the applicant providing incorrect information regarding specified work undertaken in a regional area while holding a previous Working Holiday visa, which was discovered through verification checks. The applicant had claimed to have worked for Territory Road Marking PTY LTD for 90 days between March and July 2020, but the company denied this employment.

The Tribunal was required to determine whether the applicant had failed to comply with section 101(b) of the Migration Act 1958 by providing incorrect answers in their visa application. Specifically, the court had to consider if the applicant's claim of completing at least three months of specified work with Territory Road Marking PTY LTD constituted an incorrect answer, and if the Minister's power to cancel the visa under section 109 of the Act was validly exercised. The Tribunal also had to consider the applicant's personal circumstances and whether they showed cause why the visa should not be cancelled.

The Tribunal found that the applicant had indeed provided incorrect information in their visa application, as confirmed by the verification checks with Territory Road Marking PTY LTD. This non-compliance with section 101(b) was acknowledged. However, the Tribunal then considered the applicant's extensive personal and family circumstances in their home country, documented mental and physical health conditions, current employment and value to their employer, and their significant voluntary community work and new relationship. Having regard to all these circumstances, the Tribunal concluded that the visa should not be cancelled.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 417 (Working Holiday) visa.