Duffy (Migration)

This matter concerned the review of a decision by the Minister to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant, an Irish national, had arrived in Australia in late 2019 and subsequently obtained employment in Sydney. The dispute arose from allegations of non-compliance with visa conditions, specifically that the applicant had provided false information and had not completed the required three months of regional work. The applicant sought to demonstrate a limited degree of hardship in support of her case.

The primary legal issues before the Tribunal were whether the applicant had indeed failed to comply with the conditions of her visa, as alleged by the Minister, and if so, whether the visa should be cancelled. This involved considering the applicant's submissions regarding her efforts to secure regional work, the impact of the COVID-19 pandemic on her circumstances, and her reasons for not responding to the Notice of Intention to Cancel Visa (NOICC). The Tribunal was required to assess the evidence presented by the applicant against the legislative requirements for visa cancellation.

The Tribunal affirmed the decision to cancel the applicant's visa. It found that there had been non-compliance in the manner described in the notice issued under section 107 of the Migration Act 1958. While acknowledging the applicant's personal circumstances, including her father's illness and the broader impact of the COVID-19 pandemic, the Tribunal concluded that these factors did not outweigh the finding of non-compliance. The Tribunal applied the provisions of the Migration Act relating to incorrect answers and bogus documents, and considered the prescribed circumstances for cancellation under section 109 of the Act. The Tribunal found that the applicant had not provided the required regional work and had provided false information.