Cunningham (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Working Holiday (Temporary) (Class TZ) visa (Subclass 417). The applicant had applied for the visa, declaring they had undertaken specified work in the Agriculture industry with Howe Farming Enterprises PTY LTD from 17 September 2020 to 7 April 2021. The delegate refused the visa application, finding that the applicant had provided false and misleading information regarding this claimed employment, and therefore did not satisfy Public Interest Criterion 4020. The Administrative Appeals Tribunal was required to determine whether the delegate's decision was correct.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of Regulation 417.221 and Public Interest Criterion 4020, specifically concerning the provision of false or misleading information in relation to their claimed specified work. The Tribunal had to consider whether the evidence before it supported the delegate's finding that the applicant had provided false or misleading information in a material particular, and if so, whether any compelling or compassionate circumstances warranted a waiver of this criterion.

The Tribunal affirmed the delegate's decision. It noted that departmental checks indicated the employer verified the applicant completed specified work only for limited periods, significantly less than the six months claimed and insufficient for the third Working Holiday visa application. The applicant was invited to comment on this information but failed to provide a response. Consequently, the Tribunal was satisfied that the information provided regarding the specified work was false or misleading in a material particular, meaning the applicant did not satisfy PIC 4020. As no compelling or compassionate circumstances were raised by the applicant, the Tribunal found that the applicant did not meet the criteria for the grant of the visa.