Gowland (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant had provided incorrect answers in his visa application, specifically failing to disclose that he had not undertaken the required six months of specified work in regional Australia. The Tribunal was satisfied that the delegate had properly engaged the cancellation power under section 107 of the Migration Act 1958 (Cth) and that the notice issued complied with statutory requirements.

The primary legal issue before the Tribunal was whether there had been non-compliance with the Act as particularised in the notice issued under section 107. This non-compliance related to a breach of section 101(b) of the Act, which mandates that visa applications must be completed without incorrect answers. The Tribunal considered the applicant's online application lodged on 6 December 2020, which contained an affirmative answer to the question of whether he had undertaken six months of specified work in regional Australia.

The Tribunal reasoned that section 100 of the Act clarifies that an answer is incorrect even if the person providing it did not know it was incorrect. Furthermore, section 99 establishes that any information provided in relation to a visa application is taken to be an answer to a question on the application form. The Tribunal found that the applicant had not taken adequate steps to ensure the correctness of his application and that the non-compliance described in the section 107 notice was established. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.