Eustace (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Working Holiday (Temporary) (Class TZ) visa, Subclass 417, held by the applicant, Eustace. The cancellation was based on allegations that the applicant provided incorrect information regarding specified work undertaken while holding a previous extension of this visa, specifically in her application for a third Working Holiday visa. The Department of Home Affairs had conducted verification checks which indicated the applicant had not completed the claimed employment with Core Traffic Control Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the Act, as particularised in the notice of intention to consider cancellation issued under section 107. This involved determining if the applicant had provided incorrect information in her visa application, specifically concerning the declaration of having completed at least six months of specified work on or after 1 July 2019, and whether this non-compliance warranted the cancellation of her visa. The Tribunal was also required to consider the exercise of discretion regarding the cancellation power.

The Tribunal found that the notice of intention to consider cancellation complied with statutory requirements and that the applicant had indeed provided incorrect information regarding her employment, thus constituting non-compliance with section 101(b) of the Act. However, in exercising its discretion, the Tribunal gave considerable weight to the applicant's significant volunteer community work, including her contributions at a food pantry and her mentoring of disadvantaged youth. These charitable activities, undertaken while the applicant was in Australia, were considered a positive contribution and a relevant factor in favour of setting aside the cancellation decision.

Ultimately, the Tribunal set aside the decision to cancel the applicant's Subclass 417 (Working Holiday) visa and substituted a decision not to cancel the visa, having regard to all the relevant circumstances.