HUANG (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant had applied for the visa, claiming to have been employed as a butcher between January 2014 and October 2015. The visa was cancelled on the grounds that the applicant had provided incorrect information in his application and had submitted bogus documents, specifically a work reference letter and a course completion certificate.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107 of the Act. Specifically, the Tribunal had to consider whether the applicant had provided incorrect information in his visa application, contrary to section 101(b), and whether he had provided bogus documents, contrary to section 103.

The Tribunal found that the delegate had properly engaged section 107 and that the notice issued complied with statutory requirements. The Tribunal was satisfied that the information provided regarding the applicant's employment was incorrect, constituting a breach of section 101(b). Furthermore, the Tribunal found that the work reference letter and course completion certificate were bogus documents, as there was no publicly listed information about the issuing business and the delegate reasonably suspected the documents were either not issued in respect of the applicant or were obtained due to a false or misleading statement. This constituted a breach of section 103.

The Tribunal affirmed the decision to cancel the applicant's visa.