2212750 (MIGRATION)

The Administrative Appeals Tribunal considered the cancellation of a Bridging A (Class WA) visa held by an Indian national. The applicant sought judicial review of a prior decision to refuse a visitor visa, and while that judicial review was ongoing, the Department issued a notice of intention to cancel his Bridging A visa. The applicant did not respond to this notice, and the visa was subsequently cancelled. The applicant currently holds a Bridging E visa.

The primary legal issue before the Tribunal was whether the applicant's Bridging A visa had been validly cancelled under section 109 of the Migration Act 1958 (Cth). This required the Tribunal to determine if there had been non-compliance with the Act, specifically section 101(b) concerning the provision of correct answers in visa applications, and whether the cancellation power was exercised appropriately. The Tribunal also had to consider the prescribed circumstances relevant to the exercise of this discretionary power.

The Tribunal found that the applicant had failed to provide correct information regarding his identity and migration history in previous visa applications, including not declaring a previous identity and overstay. It concluded that at least one of the passports provided was bogus, and that the decisions to grant previous visitor visas were based significantly on this incorrect information. The Tribunal gave significant weight to these factors in favour of cancellation, finding that the applicant's conduct demonstrated a disregard for Australian law and the integrity of the migration system.

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