JI (Migration)

The Administrative Appeals Tribunal (Cth) considered the cancellation of the applicant's Subclass 189 Skilled Independent visa. The dispute arose from allegations of non-compliance with the *Migration Act 1958* (Cth), specifically concerning the provision of a bogus document.

The Tribunal was required to determine whether the applicant had failed to comply with section 103 of the Act by providing a bogus document, and if so, whether the applicant's visa should be cancelled under section 109 of the Act. The Tribunal also had to consider whether the notice issued under section 107 of the Act complied with statutory requirements and if the delegate had reached the necessary state of mind to engage that section.

The Tribunal found that the applicant had indeed provided a bogus document, as evidenced by information from TOEFL ETS indicating the cancellation of the applicant's scores and a forensic facial comparison that suggested the test taker was not the applicant. The applicant admitted at the hearing that the document was bogus. The Tribunal was satisfied that the section 107 notice was valid and that the delegate had properly engaged the cancellation provisions. Applying section 109, the Tribunal concluded that the visa should be cancelled, noting that this power was discretionary.

The Tribunal affirmed the decision to cancel the first named applicant's visa. The Tribunal further stated that it had no jurisdiction with respect to any other applicants.