Hare (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The dispute arose from allegations that the applicant provided incorrect information in their visa application regarding specified work undertaken in regional Australia. The employer reported no record of the applicant's employment, leading to the Department's decision to cancel the visa.

The Tribunal was required to determine whether the applicant had failed to comply with the provisions of the *Migration Act 1958* (Cth) by providing incorrect information in their visa application, specifically concerning the completion of at least six months of specified work. The Tribunal also had to consider whether, having found non-compliance, the visa should be cancelled, taking into account various factors.

The Tribunal found that the applicant had provided incorrect information by stating they had completed six months of specified work with Quenby Viticultural Services, as verification checks indicated no such employment. This constituted a failure to comply with section 101(b) of the Act. While acknowledging the applicant's contributions to the community, employment in a skills shortage area, and efforts to establish a future in Australia, the Tribunal weighed these factors against the fundamental issue of non-compliance and the fact that the visa granted was one for which the applicant was not qualified. The Tribunal concluded that the visa cancellation decision should be affirmed.