Gray (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal concerning the cancellation of the applicant's Working Holiday (Temporary) (Class TZ) visa, subclass 417. The cancellation was based on the applicant allegedly providing incorrect information in her visa application regarding the completion of specified work required for a second Working Holiday visa.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing false or misleading information in her visa application, specifically concerning her employment and the completion of 88 days of specified work with EKC Construction Pty Ltd. The Tribunal also had to consider whether the visa cancellation power under section 109 of the Act was validly engaged and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had indeed provided incorrect information on her visa application, as EKC Construction Pty Ltd confirmed she was not employed by them and did not complete any specified work. The Tribunal was satisfied that a valid notice under section 107 of the Act had been issued, particularising the non-compliance with section 101(b). Furthermore, the applicant failed to respond to a section 359A invitation from the Tribunal to comment on the information that would be relied upon to affirm the decision, nor did she request an extension of time.

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