Dukka (Migration)

This matter concerned the review of a decision to cancel the Subclass 189 Skilled – Independent visa of the first named applicant, Dukka. The cancellation was based on allegations of providing incorrect information in the visa application and obtaining a skills assessment on the basis of bogus documents, specifically concerning the applicant's employment background. The Tribunal was required to determine whether the applicant had indeed failed to comply with the relevant provisions of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107 of the Act.

The core legal issues before the Tribunal were whether the applicant provided incorrect answers in her visa application regarding her employment history and whether she obtained her skills assessment from the Australian Computer Society based on false or misleading statements. The Department's investigation, prompted by information from the New Delhi Integrity Team, suggested that several companies in Hyderabad, including those where the applicant claimed to have worked, were involved in providing fraudulent documents to facilitate positive skills assessments. The Tribunal considered evidence, some of which was subject to a non-disclosure certificate, to assess the validity of these allegations.

The Tribunal found that it was not satisfied that the applicant had engaged in non-compliance as described in the section 107 notice. Consequently, the discretionary power to cancel the visa under section 109 of the Act did not arise. The Tribunal therefore set aside the decision under review and substituted a decision not to cancel the applicant's visa. The Tribunal also noted it had no jurisdiction concerning the other applicant.