Janghorbani (Migration)

The Administrative Appeals Tribunal affirmed a delegate's decision to cancel Mr. Janghorbani's Skilled Independent (Permanent) (Class SI) visa. The dispute arose from allegations that Mr. Janghorbani provided a bogus document and incorrect information in his visa application, specifically concerning his English language proficiency.

The Tribunal was required to determine whether Mr. Janghorbani had failed to comply with sections 101(1)(b) and 103 of the Migration Act 1958 (Cth), which mandate the provision of correct information and prohibit the submission of bogus documents. If non-compliance was established, the Tribunal then had to consider whether the visa should be cancelled, taking into account the circumstances of the non-compliance and any hardship that might result from cancellation.

The Tribunal found that Mr. Janghorbani had indeed failed to comply with the relevant sections of the Act. Evidence, including a facial image comparison of his passports and the IELTS Test Report Form (TRF), along with his own admissions, established that he paid another person to undertake the English language test on his behalf on two occasions. Consequently, the IELTS TRF submitted with his visa application was a bogus document, and his declaration of having undertaken the test himself was incorrect. The Tribunal considered this non-compliance significant, noting that the grant of the visa was predominantly based on this incorrect information, which would have entitled him to points under the migration scheme.

The Tribunal affirmed the delegate's decision to cancel the visa. While acknowledging the applicant's personal circumstances, including his wife's permanent residency and pregnancy, and the potential hardship of visa cancellation, these factors were not considered sufficient to outweigh the serious nature of the non-compliance. The Tribunal concluded that the decision to cancel the visa was justified.