Gurung (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Subclass 485 (Temporary Graduate) visa held by the applicant, Mr. Gurung. The dispute arose because the applicant had provided incorrect information in his visa application, specifically concerning his marital status, which led to him no longer being considered a member of the primary applicant's family unit.

The primary legal issue before the Tribunal was whether the decision to cancel the applicant's visa was correct. This involved determining whether the incorrect information provided in the application was material to the grant of the visa and, if so, whether cancellation was the appropriate course of action under the relevant migration legislation.

The Tribunal placed significant weight on the fact that the visa grant was predicated on inaccurate information. It reasoned that had the correct information been known at the time of the application, the applicant might not have satisfied the criteria for the visa. Consequently, after considering all the circumstances, the Tribunal concluded that the visa ought to be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 485 (Temporary Graduate) visa.