Crosse (Migration)

This matter concerned an appeal by the applicant against the cancellation of her Subclass 417 (Working Holiday) visa by the delegate of the Minister. The dispute arose from the applicant's extension application for the visa, during which she allegedly provided incorrect answers and submitted bogus documents relating to specified work in a regional area. The delegate's decision to cancel the visa was affirmed by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information and bogus documents in her visa application, and whether the Minister had exercised the discretion to cancel the visa appropriately. Specifically, the Tribunal had to consider the applicant's submission of five payslips for work with Tranex Solar Pty Ltd, which were found not to be genuine, and her claims regarding her employment with Nilsen (QLD) Pty Ltd. The Tribunal also considered the applicant's failure to respond to the Notice of Intention to Cancel Visa (NOICC) and her explanation for this omission.

The Tribunal found that the applicant had indeed provided incorrect answers and bogus documents, constituting non-compliance with sections 101 and 103 of the *Migration Act 1958*. The Tribunal noted that an answer is considered incorrect even if the applicant was unaware of its inaccuracy, and that a "bogus document" includes one obtained due to a false or misleading statement. While the applicant claimed to have performed sufficient regional work, her calculations differed from the statutory requirements, and she admitted the submitted payslips were not genuine. The Tribunal also took into account that a third party had largely completed the application on her behalf and that she had not responded to the NOICC, initially believing it to be a scam. Despite acknowledging the applicant's personal circumstances and current part-time regional work, the Tribunal concluded that the non-compliance was significant and affirmed the delegate's decision to cancel the visa.