HAMRANG (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 190 Skilled Nominated visa of the applicant, Mr. Hamrang. The cancellation was based on allegations of the applicant providing bogus information, specifically that an imposter had sat the IELTS test on his behalf, rendering the test invalid.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with a condition of his visa, as alleged by the delegate. This required the Tribunal to determine if there was sufficient evidence to establish that the applicant was aware of, or complicit in, the use of an imposter for the IELTS test, thereby rendering the information provided in support of his visa application "bogus".

The Tribunal found that the delegate had not discharged the onus of proving the applicant's non-compliance. The evidence presented did not satisfy the Tribunal that the applicant had engaged in conduct that would render his visa susceptible to cancellation. Consequently, the Tribunal concluded that the discretionary power to cancel the applicant's visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Hamrang's Subclass 190 Skilled Nominated visa.