Balasubramaniyan (Migration)

The applicant, Ms. Balasubramaniyan, sought review by the Administrative Appeals Tribunal of the decision to cancel her Subclass 476 (Skilled – Recognised Graduate) visa. The cancellation was based on the applicant's failure to comply with a notice given under s 52 of the *Migration Act 1958* (Cth), which required her to provide a genuine academic transcript. The applicant contended that the academic transcript provided was bogus and that the information was submitted without her knowledge.

The Tribunal was required to determine whether the applicant's non-compliance with the notice was deliberate or inadvertent, and whether she had taken adequate steps to ensure the correctness of her application. The central issue was whether the applicant had discharged her obligation to satisfy the Minister that she met the criteria for the visa, particularly in light of the provision of a fraudulent document.

The Tribunal found that it was not satisfied that the applicant had taken adequate steps to ensure her application was correct. While the applicant claimed the information was provided without her knowledge, the Tribunal concluded that she had not discharged her obligation to satisfy the Minister of the genuineness of her qualifications. Consequently, the Tribunal affirmed the decision to cancel the applicant’s visa.