Etherton (Migration)

This matter concerned the cancellation of the applicant's Subclass 417 (Working Holiday) visa. The dispute arose because the applicant had provided incorrect answers in her visa application, specifically regarding whether she had undertaken specified work in regional Australia. The Tribunal was required to determine if there had been non-compliance with the Act as particularised in the notice issued under section 107, and if so, whether the visa should be cancelled.

The Tribunal considered the provisions of the *Migration Act 1958* (Cth), particularly sections 101 and 109. Section 101 requires that visa applications be completed such that all questions are answered and no incorrect answers are given. Section 109 permits the Minister to cancel a visa if the holder has failed to comply with section 101, provided a valid notice under section 107 has been issued. The Tribunal found that the delegate had formed the necessary state of mind to engage section 107 and that the notice issued complied with statutory requirements. The Tribunal was satisfied that the applicant had breached section 101(b) by incorrectly stating in her application that she had undertaken six months of specified work in regional Australia, as employment verification checks revealed she had never worked for the named company.

The Tribunal affirmed the decision to cancel the applicant's Subclass 417 visa.