Denham (Migration)

This matter concerned an appeal by Mr Denham against the cancellation of his Subclass 417 (Working Holiday) visa. The dispute arose from information provided in Mr Denham's visa application, which was later contradicted by his purported employer. The decision was made by Luke Hardy, acting as a member of the Tribunal.

The primary legal issue before the Tribunal was whether Mr Denham had failed to comply with section 101 of the Migration Act 1958, which requires visa applicants to provide correct information in their application forms. This question was central to determining whether the Minister's power to cancel the visa under section 109 of the Act had been validly engaged. The Tribunal also considered whether, having found non-compliance, the visa should be cancelled, taking into account Mr Denham's submissions regarding mitigating circumstances.

The Tribunal found that Mr Denham had indeed failed to comply with section 101 of the Act. In his application for a third working holiday visa, he claimed to have completed 190 days of specified work in regional Australia. However, the employer subsequently informed the Department of Home Affairs that Mr Denham had never worked for them. Mr Denham acknowledged this breach, attributing it to the impact of COVID-19 travel restrictions and his financial situation, and sought to present mitigating factors such as his intention to enrol in a college course and limited opportunities in his home country. Despite these submissions, the Tribunal concluded that the factors weighing against Mr Denham were more significant.

The Tribunal affirmed the decision to cancel Mr Denham's visa.