2118504 (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Subclass 485 (Temporary Graduate) visa. The dispute arose from the applicant's failure to declare pending criminal charges in their visa applications, which the delegate considered to be providing a bogus document or false and misleading information. The Tribunal was required to determine whether the applicant had engaged in a deliberate course of conduct to deny knowledge of these charges and, if so, whether the cancellation decision should be affirmed.

The Tribunal considered the applicant's evidence, including their assertion that they were unaware of the pending criminal charges until receiving the Notice of Intention to Consider Cancellation. The applicant confirmed they had answered in the negative to questions regarding pending legal action in their visa applications. The Tribunal also noted the applicant's claims regarding their educational background and employment, and the fact that the "best interests of the child" was a primary consideration. However, the Tribunal also had regard to publicly available records indicating a suspension of the applicant's professional licence in another jurisdiction due to alleged conduct that posed a threat to public health, safety, or welfare, and the applicant's claim of first becoming aware of this information only upon receiving the NOICC.

The Tribunal found that the applicant had engaged in a sustained and dishonest course of conduct to obtain their visas. Despite acknowledging that the best interests of the child and other factors weighed against cancellation, the Tribunal concluded that the gravity of the applicant's dishonest conduct outweighed these considerations. Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 485 visa.