2116584 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Skilled Independent (Permanent) (Class SI) visa, Subclass 189. The applicant had previously applied for and been granted this visa, but the decision under review affirmed the cancellation of that visa. The grounds for cancellation related to the applicant providing incorrect information and bogus documents in their visa application, including details about their identity, previous applications, travel to Australia, education, and employment, as well as periods of unlawful residence.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) concerning the provision of accurate information and the use of genuine documents in their visa application. Specifically, the Tribunal was required to determine if the applicant had provided "bogus documents" or "incorrect answers" as defined by the Act, and if these constituted grounds for visa cancellation.

The Tribunal's reasoning was grounded in the definitions and provisions of the *Migration Act 1958*. Section 5 defines a "bogus document" as one that the Minister reasonably suspects is counterfeit, altered without authority, or obtained due to a false or misleading statement. Section 100 clarifies that an answer is considered incorrect even if the applicant was unaware of its inaccuracy. Section 103 prohibits the provision of bogus documents. The Tribunal considered the evidence presented regarding the applicant's documentation and information provided during the application process. Based on the evidence, the Tribunal found that the applicant had indeed provided bogus documents and incorrect information, thereby contravening sections 101 and 103 of the Act.

The Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal also noted that it had no jurisdiction with respect to other applicants in this matter.