Ali (Migration)

The Administrative Appeals Tribunal, through Senior Member John Cipolla, considered the cancellation of the applicant's Skilled (Provisional) (Class VF) visa, Subclass 476 (Skilled – Recognised Graduate). The dispute arose from the applicant's non-appearance before the Tribunal after a request for a hearing postponement was declined, and the ground for cancellation was the provision of incorrect information in the visa application, specifically concerning the completion of a prescribed qualification from a prescribed institution, which was deemed a bogus document.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing a bogus document or incorrect information in their visa application. This involved determining if the academic transcript submitted was a "bogus document" as defined by section 5(1) of the Act, and whether the applicant had provided "incorrect answers" as contemplated by section 100, thereby contravening section 101. The Tribunal also considered the Minister's discretion to cancel the visa under section 109, having regard to any prescribed circumstances.

The Tribunal reasoned that the applicant had provided a bogus document, as defined by section 5(1)(c) of the Act, because it was obtained due to a false or misleading statement. The Tribunal noted that an answer to a question is considered incorrect under section 100, irrespective of whether the applicant knew it was incorrect. Having found non-compliance with the Act, and considering all relevant circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.