Downes (Migration)

The Administrative Appeals Tribunal considered a case involving the cancellation of a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The applicant, Downes, had her visa cancelled by the Department of Home Affairs. The Tribunal was tasked with reviewing this decision.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as alleged in the notice of cancellation, and if so, whether the visa should be cancelled. Specifically, the Tribunal had to determine if the applicant had provided false information in her visa application regarding her completion of specified regional work.

The Tribunal found that the notice of intention to cancel the visa (NOICC) issued under section 107 of the Act complied with statutory requirements and that the delegate had reached the necessary state of mind to engage section 107. The alleged non-compliance related to the applicant's assertion that she had undertaken three months of specified work in a regional area, providing details of employment with "FarmPro Labour" in Bundaberg, Queensland, from March to July 2020. While the Tribunal was satisfied that non-compliance occurred as described in the notice, it considered all relevant circumstances, including evidence of the applicant's mental illness and steps taken to obtain regional work.

Ultimately, the Tribunal decided that despite the non-compliance, the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 417 visa.