Boopathi (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Boopathi, who sought review of the cancellation of their Skilled (Provisional) (Class VF) visa, specifically a Subclass 476 (Skilled – Recognised Graduate) visa. The cancellation was based on alleged non-compliance with section 107 of the *Migration Act 1958* (Cth) due to the submission of bogus academic qualifications and incorrect information in the visa application.

The primary legal issue before the Tribunal was whether the decision to cancel the applicant's visa should be affirmed. This required the Tribunal to assess the nature of the non-compliance, the circumstances in which it occurred, and whether these factors, when weighed against other considerations, justified the cancellation of the visa. The Tribunal also had to consider whether the non-compliance was deliberate or inadvertent, particularly given that the application was prepared by a migration agent.

The Tribunal reasoned that the nature of the breach and the circumstances surrounding the non-compliance were significant factors that outweighed other considerations. While the applicant's circumstances were taken into account, the Tribunal concluded that the seriousness of providing bogus documents and incorrect information, regardless of whether it was deliberate or inadvertent, warranted the cancellation of the visa. The Tribunal affirmed the delegate's decision to cancel the applicant's Subclass 476 visa.