Clinton (Migration)

The Administrative Appeals Tribunal (Cth) considered a dispute concerning the cancellation of a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, held by the applicant. The cancellation was based on allegations that the applicant provided incorrect information in his visa application regarding specified work undertaken in regional Australia.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect answers in his visa application. Specifically, the Tribunal had to determine if the applicant had falsely claimed to have completed six months of specified work as a condition for his third Working Holiday visa, and if the delegate had properly engaged the cancellation power under section 109 of the Act.

The Tribunal found that while the delegate had reached the necessary state of mind and issued a compliant notice under section 107, the applicant's response to the notice provided sufficient cause not to cancel the visa. The applicant admitted to providing incorrect information but explained that this was due to extenuating circumstances, including the impact of the COVID-19 pandemic, financial instability, and fear of returning to Ireland. He detailed his subsequent work in regional Australia, his established life in Australia, his relationship with an Australian citizen, and his financial commitments to his family in Ireland. The Tribunal accepted these explanations and the evidence of his good character, including a character reference, as demonstrating that the visa should not be cancelled.

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