Duraisamy (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 476 (Skilled - Recognised Graduate) visa. The dispute concerned the applicant's eligibility for the visa, which was based on qualifications as an engineering graduate. The Tribunal found that the applicant had provided bogus documents purporting to show their grades, which constituted a fraudulent misrepresentation in relation to their application.

The primary legal issue before the Tribunal was whether the cancellation provisions under the *Migration Act 1958* (Cth) applied in circumstances where the applicant had made incorrect statements and submitted bogus documents. Specifically, the Tribunal had to determine if the cancellation provisions could be invoked even if the applicant's non-compliance was inadvertent, or if the migration agent submitted the fraudulent documents without the applicant's knowledge.

The Tribunal reasoned that the applicant's submission of bogus grade documents was a material misrepresentation that engaged the cancellation provisions. It was held that the provisions for visa cancellation apply to situations of inadvertent non-compliance, and the applicant's claim of ignorance regarding the fraudulent nature of the documents did not absolve them of responsibility. The Tribunal concluded that the applicant had failed to satisfy the criteria for the visa due to the submission of fraudulent documentation.

The Tribunal affirmed the decision to cancel the applicant's visa.