Griffin (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The dispute arose from information provided in the applicant's visa application, specifically concerning whether they had undertaken the required three months of specified work in regional Australia as a holder of a first Working Holiday visa. The applicant had declared they had completed this work and provided details of employment with Tradeconnex Pty Ltd, but the employer subsequently reported that the applicant had not worked for them. The Administrative Appeals Tribunal (AAT) was required to determine 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.

The Tribunal considered the provisions of section 109 of the *Migration Act 1958* (Cth), which permits the Minister to cancel a visa if the visa holder has failed to comply with certain sections, including section 101, which mandates that visa applications must be completed without incorrect answers. The Tribunal found that the applicant had provided answers in their application form indicating they had undertaken the specified work and had provided details of employment with Tradeconnex Pty Ltd. Crucially, the Tribunal noted that the applicant had not provided any evidence to contradict the information received from Tradeconnex Pty Ltd, which stated the applicant had not been employed by them. The Tribunal also confirmed that the notice issued under section 107 of the Act complied with statutory requirements and that the delegate had reached the necessary state of mind to engage that section.

The Tribunal concluded that the applicant had provided incorrect information in their visa application, constituting non-compliance with section 101(b) of the Act. This non-compliance was particularised in the notice issued under section 107. Having regard to all relevant circumstances, the Tribunal affirmed the decision to cancel the applicant's Subclass 417 (Working Holiday) visa.