2214065 (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Subclass 187 Regional Sponsored Migration Scheme visa held by the applicant. The dispute arose from the applicant providing incorrect information and a bogus document in their visa application, which led to the cancellation of their visa by the Minister. The AAT was required to determine whether the applicant had provided a bogus document and incorrect information in their visa application, and consequently, whether the Minister's decision to cancel the visa was correct.

The Tribunal affirmed the Minister's decision to cancel the applicant's visa. Member Noelle Hossen applied the definitions of "bogus document" and "incorrect answer" as set out in the *Migration Act 1958* (Cth). The Tribunal found that the applicant had provided a document that purported to have been issued in respect of them but was not, and that they had also provided incorrect information in their application form. This conduct was found to be a breach of sections 101 and 103 of the Act. The Tribunal noted that an answer is considered incorrect even if the applicant was unaware of its inaccuracy, and that a bogus document is one that the Minister reasonably suspects is not genuine.

The Tribunal concluded that the applicant's actions constituted non-compliance with the *Migration Act 1958*. Having found non-compliance, and in accordance with the provisions of section 109 of the Act, the Tribunal affirmed the Minister's decision to cancel the applicant's visa.