Glynn (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The dispute arose from allegations that the applicant had provided false information regarding her completion of specified regional work, which was a condition for the grant of her extended visa. The applicant's visa was granted on the basis of her declaration that she had carried out at least six months of specified work while holding a previous Working Holiday visa.

The primary legal issue before the Tribunal was whether the applicant had indeed failed to comply with section 101 of the Migration Act 1958, as particularised in the notice issued under section 107 of the Act. This section requires non-citizens to provide correct information in their visa applications. A secondary issue was whether, if non-compliance was established, the visa should be cancelled, as cancellation under section 109 of the Act is discretionary in the absence of mandatory cancellation circumstances.

The Tribunal found that the applicant had provided incorrect information regarding her regional work, as her claimed employer stated she had never worked for them during the specified period. The Tribunal accepted that the incorrect information was provided on the applicant's behalf, pursuant to sections 98 and 99 of the Act, and therefore concluded that there was non-compliance with section 101 as described in the notice. However, after considering all relevant circumstances, including medical evidence of the applicant's mental health concerns and the impact on her spouse's career and her sister's permanent residency status, the Tribunal determined that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 417 visa.