2116967 (Migration)

This matter concerned the review of a decision to cancel the applicant’s Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The dispute arose from allegations that the applicant had provided incorrect information in her visa application, specifically regarding her undertaking of six months of specified work in regional Australia. The Tribunal was required to determine whether there had been non-compliance with the Act as particularised in the notice issued to the applicant, and if so, whether the visa should be cancelled.

The Tribunal considered the provisions of section 109 of the Migration Act 1958, which permits the Minister to cancel a visa if the holder has failed to comply with certain sections, including section 101, which requires visa applicants to provide correct information. The Tribunal was satisfied that the notice issued under section 107 of the Act was valid and complied with statutory requirements. The applicant had stated in her visa application that she had worked in regional Australia for the required period, but the employment agency subsequently advised the Department that she had never worked for them. The applicant admitted that this information was incorrect.

The Tribunal found that the applicant had not complied with section 101(b) of the Act by providing incorrect answers in her visa application. Having established non-compliance, the Tribunal then considered the discretionary power under section 109(1) to cancel the visa. After reviewing all relevant circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s Subclass 417 visa.