Jordan (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant had provided incorrect information in her second extension application regarding six months of specified work in regional Australia, as verification checks indicated she had never worked at the claimed business. The applicant argued that her actions were due to panic and uncertainty caused by COVID-19 restrictions, her job loss, and difficulties in securing regional work, and that she lacked support in Ireland.

The legal issues before the Tribunal were whether the applicant had failed to comply with the requirement to provide correct answers in her visa application, and if so, whether the discretion to cancel her visa should be exercised. The Tribunal was required to consider the applicant's explanation for providing false information, the potential hardship and disruption if the visa were cancelled, her ongoing work and value to her employer, her partner's visa application and employment, and her lack of efforts to contact the Department to rectify the situation or explore options prior to receiving a Notice of Intention to Cancel.

The Tribunal found that the applicant had deliberately provided false information to obtain the visa, acknowledging that she knew it was "trouble and not lawful" at the time. While acknowledging the applicant's stated reasons for her actions, including the impact of COVID-19 and her personal circumstances, the Tribunal noted her failure to approach the Department to seek clarification or correct the information. The Tribunal affirmed the decision to cancel the visa, finding that the applicant had not demonstrated sufficient cause to depart from the usual consequences of providing false information in a visa application.