Greene (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant, a 24-year-old male from Ireland, had entered Australia on 29 September 2018 on a Subclass 417 visa and subsequently applied for a further visa of the same subclass on 21 September 2019. In his application for the further visa, the applicant indicated he had completed the required three months of specified regional work and provided supporting payslips. The Tribunal, presided over by Member Moira Brophy, ultimately affirmed the cancellation decision.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the visa should be cancelled. Specifically, the Tribunal considered whether the applicant had provided incorrect information in his visa application, which is a ground for visa cancellation under section 109 of the Act. The Tribunal also addressed the validity of a section 375 Certificate that the Department sought to rely on to protect certain information.

The Tribunal found that the applicant had provided incorrect answers in his visa application, contrary to section 101(b) of the Act. This conclusion was reached despite the applicant's migration agent not making submissions on the validity of the section 375 Certificate after the Tribunal indicated it did not regard the certificate as valid in the circumstances. The Tribunal applied section 109 of the Act, which permits the Minister to cancel a visa if the visa holder has failed to comply with certain provisions, including section 101, which mandates that visa applications be completed accurately. The Tribunal was satisfied that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued under that section complied with statutory requirements.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 417 (Working Holiday) visa, concluding that there had been non-compliance as particularised in the notice given under section 107 of the Act. Having regard to all relevant circumstances, the Tribunal determined that the visa should be cancelled.