Devi (Migration)

This matter concerned an appeal to the Tribunal regarding the cancellation of the applicant's Regional Sponsored Migration Scheme (RSMS) visa. The dispute arose because the applicant was alleged to have provided false information and "bogus documents" in support of her visa application, specifically concerning her purported employment with Infotech Electro Solutions Pty Ltd. The Tribunal was required to determine whether the visa cancellation decision should be affirmed.

The legal issues before the Tribunal were whether the applicant had failed to comply with sections 101(b) and 103 of the Migration Act 1958 (Cth), which require visa applicants to provide correct information and not to present bogus documents. The Tribunal also had to consider whether the notice issued under section 107 of the Act, detailing the alleged non-compliance, was valid and whether, in light of the non-compliance and the prescribed circumstances, the visa should be cancelled.

The Tribunal found that the applicant had not worked for Infotech Electro Solutions as claimed, and that the employment contract submitted was a fabrication. Evidence indicated that the purported employer representative had not prepared, signed, or submitted the contract, and that the company had not operated from the address provided. While the applicant claimed to have worked remotely, she failed to provide sufficient corroborative evidence. The Tribunal weighed various factors, including the deliberate presentation of false information and bogus documents, which weighed heavily in favour of cancellation. Although the applicant and her family had established community ties and were seeking citizenship, these factors were given less weight than the fundamental dishonesty in the visa application.

The Tribunal concluded that the decision to cancel the applicant's visa should be affirmed.