Ge (Migration)

This matter concerned the review of a decision by the Minister to cancel the visa of the applicant, who held a Skilled Regional Sponsored (Provisional) (Class SP) visa, subclass 489. The dispute arose from allegations that the applicant had provided incorrect information and a bogus document in relation to his English language test results during his visa application process.

The Administrative Appeals Tribunal was required to determine two primary issues: first, whether the notice of intention to consider cancellation issued under section 107 of the Migration Act 1958 complied with the Act's requirements; and second, whether the applicant had indeed failed to comply with the provisions of the Act as particularised in the notice, specifically section 101(b) by providing incorrect answers in his visa application concerning his English language proficiency.

The Tribunal found that the notice of intention to consider cancellation was valid and complied with section 107 of the Act, rejecting the applicant's submissions regarding service and the marking of the notice as "COPY". Regarding the non-compliance, the Tribunal concluded that the applicant had not satisfied the primary criterion of competent English at the time of his visa application, as evidenced by the incorrect information and bogus document submitted. The Tribunal reasoned that the visa grant was therefore based partly on this incorrect information. The Tribunal also gave substantial weight to the deliberate nature of the falsification and the applicant's subsequent failure to correct the information until after his visa had been cancelled. While acknowledging the applicant's current circumstances in Australia, including his employment and new relationship, the Tribunal found these factors carried less weight against cancellation than the seriousness of the non-compliance.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.