Chen (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant, a citizen of Taiwan, had been granted a visa extension on 15 September 2017. The delegate of the Minister considered that the applicant had failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect information in his visa application. Specifically, the applicant had answered "Yes" to having undertaken three months of specified regional work and provided details of such work, when this was not the case. The Tribunal was required to determine whether this non-compliance had occurred and, if so, whether the visa should be cancelled.

The Tribunal considered the provisions of section 109 of the Act, which permits the Minister to cancel a visa if the visa holder has failed to comply with certain sections, including section 101, which mandates that visa applications be completed without incorrect answers. The Tribunal noted that section 100 clarifies that an answer is considered incorrect even if the applicant was unaware of its inaccuracy. The Tribunal was satisfied that the delegate had issued a valid notice under section 107 of the Act, detailing the alleged non-compliance, and that this notice complied with statutory requirements.

The Tribunal found that the applicant had indeed provided an incorrect answer in his visa application regarding the completion of three months of specified regional work. The Tribunal was satisfied that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with the statutory requirements. Having determined that non-compliance occurred as particularised in the notice, and having regard to all relevant circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s Subclass 417 (Working Holiday) visa.