Alexandre Dos Santos Bernardo (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Alexandre Dos Santos Bernardo concerning the cancellation of her Bridging B (Class WB) visa, Subclass 020. The dispute arose from allegations that Ms. Bernardo had provided incorrect information in previous visa applications, specifically failing to declare a prior visa, entry and overstay in Australia, and another name she had used.

The primary legal issues before the Tribunal were whether Ms. Bernardo had failed to comply with the requirements of the Migration Act 1958 (Cth), specifically section 101(b) which mandates that visa applications must not contain incorrect answers, and whether the Minister's power to cancel her visa under section 109 of the Act had been validly exercised. The Tribunal also had to consider the prescribed circumstances relevant to the discretionary cancellation of a visa under section 109.

The Tribunal reasoned that Ms. Bernardo had indeed provided incorrect information in her applications for a tourist visa in May 2017 and a student visa in October 2017. She had failed to declare her unlawful overstay in Australia from September 2007 to May 2011. The Tribunal found that this non-compliance was significant, as it related to key aspects of her migration history and eligibility for those previous visas. While Ms. Bernardo argued that she relied on agents and was unaware of the incorrect answers, the Tribunal noted that section 100 of the Act states an answer is incorrect even if the person did not know it was incorrect. The Tribunal also considered the prescribed circumstances for cancellation, finding that the incorrect information was a substantial factor in the grant of her previous visas.

Ultimately, the Tribunal affirmed the decision to cancel Ms. Bernardo's Bridging B visa. It concluded that there had been non-compliance with the Act as described in the notice provided to her, and having regard to all relevant circumstances, the cancellation of the visa was warranted.