Chandrasekaran (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Chandrasekaran concerning the cancellation of his Skilled (Provisional) (Class VF) visa, specifically a Subclass 476 (Skilled – Recognised Graduate) visa. The dispute arose from allegations of non-compliance with section 107 of the Migration Act 1958 (Cth), relating to the provision of bogus documents and incorrect information in his visa application, which had been prepared by a migration agent.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of section 107 of the Act, and if so, whether the cancellation of his visa was justified. This involved determining whether the academic qualifications provided were indeed bogus and whether the incorrect information in the application was a result of deliberate or inadvertent non-compliance, and crucially, what steps the applicant took to ensure the correctness of his application.

The Tribunal found that there had been non-compliance by the applicant as described in the notice given under section 107 of the Act. After considering all relevant circumstances, the Tribunal concluded that the applicant's Subclass 476 visa should be cancelled. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.