Chardronnet (Migration)

The Administrative Appeals Tribunal, constituted by Member Tania Flood, considered the cancellation of the applicant's Working Holiday (Temporary) (Class TZ) visa, Subclass 417 (Working Holiday) (Extension). The dispute arose from allegations that the applicant provided incorrect information in their visa application regarding specified work undertaken in regional Australia, which was a criterion for the visa extension.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the *Migration Act 1958* by providing incorrect information in their visa application, and if so, whether the visa should be cancelled. Specifically, the Tribunal had to determine if the applicant had indeed completed the required three months of specified work in regional Australia, as stated in their application, or if the information provided was false, thereby engaging the Minister's power to cancel the visa under section 109 of the Act.

The Tribunal found that while the applicant did provide incorrect information regarding the duration of their specified work, the circumstances surrounding this non-compliance warranted setting aside the cancellation decision. The applicant had intended to complete the required work but encountered unforeseen difficulties due to the impact of bushfires and drought on fruit picking availability, compounded by the onset of the COVID-19 pandemic and travel restrictions. The Tribunal accepted the applicant's explanation for not seeking alternative work or informing the Department of Immigration of their difficulties, attributing it to confusion and fear during an unprecedented global event.

Consequently, the Tribunal set aside the decision to cancel the applicant's Subclass 417 (Working Holiday) visa and substituted a decision not to cancel the visa.