Bhatti (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute between Mr. Bhatti and the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning the cancellation of Mr. Bhatti's Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187. The cancellation was based on the ground that incorrect information had been provided in Mr. Bhatti's visa application, specifically regarding his nominated occupation as a Hairdresser.

The primary legal issue before the Tribunal was whether the Minister had correctly determined that Mr. Bhatti had provided incorrect information in his visa application, thereby constituting a ground for cancellation under the Migration Act 1958 (Cth). This involved assessing the validity of the departmental site visit and the evidence gathered from it in relation to Mr. Bhatti's nominated occupation.

The Tribunal found that the departmental site visit, which formed the basis for the Minister's decision to cancel the visa, was flawed. The Tribunal reasoned that the information obtained during the site visit was insufficient to establish that Mr. Bhatti had provided incorrect information in his visa application. Consequently, the Tribunal set aside the decision under review, meaning the cancellation of Mr. Bhatti's visa was invalidated.