CHI (Migration)

The Administrative Appeals Tribunal considered the cancellation of the Applicant's Temporary Skill Shortage (Class GK) visa (Subclass 482). The dispute arose from allegations that the Applicant had provided incorrect information regarding his employment experience as a Skilled Meat Worker (Boner) with Heilongjiang Binxi Group Co. Ltd. This alleged non-compliance with section 101(b) of the Migration Act 1958, and the subsequent submission of a potentially bogus employment reference, formed the basis for the delegate's decision to cancel the visa under section 109 of the Act.

The primary legal issue before the Tribunal was whether the Applicant had indeed failed to comply with section 101(b) of the Act by providing incorrect information about his employment dates, and whether his employment reference constituted a bogus document under section 103 of the Act. The Tribunal was required to determine if the delegate's concerns regarding the duration of the Applicant's employment were substantiated, and if so, whether the visa cancellation was warranted.

The Tribunal found that while the initial information provided to the Department by a representative of the employer raised concerns about the Applicant's employment dates, the Applicant subsequently provided substantial additional oral and written evidence. This evidence, including training records, a labour contract, salary records, and statements from relevant individuals, corroborated the Applicant's consistent assertion that he was employed as a Boner between 2012 and 2019. The Tribunal considered the explanation for the initial discrepancy plausible, noting that the employer's representative was not familiar with the Applicant and lacked immediate access to all records. Crucially, the Tribunal determined that the Applicant did not stand to benefit from inflating his employment duration, as he needed to demonstrate a minimum of two years of full-time experience to meet visa eligibility.

Consequently, the Tribunal set aside the delegate's decision to cancel the Applicant's visa and substituted a decision not to cancel the visa.