Jordan (Migration)

This matter concerned an appeal by a visa holder against the cancellation of their Subclass 417 (Working Holiday) visa. The applicant had previously held a Subclass 417 visa and applied for an extension, which was granted. The Department of Home Affairs subsequently initiated cancellation proceedings under section 109 of the Migration Act 1958 (Cth), alleging that the applicant had provided incorrect information in their application for the extension visa, specifically regarding specified work undertaken in regional Australia. The applicant contended that the cancellation was not warranted.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with section 101 of the Act by providing incorrect information in their visa application, and if so, whether the visa should be cancelled under the discretionary power provided by section 109(1) of the Act. The Tribunal was required to determine if the notice issued under section 107 of the Act complied with statutory requirements and if the information provided by the applicant regarding their employment with Lincara Pty Ltd was indeed incorrect, as alleged by the Department.

The Tribunal found that the applicant had provided incorrect information regarding their employment, as Lincara Pty Ltd confirmed they had no record of the applicant working for the required period. This non-compliance was considered significant because the applicant's regional work experience was central to the grant of the extension visa, meaning the visa was likely granted, in part, based on this false information. The Tribunal noted that the applicant's submission appeared to be part of a broader scheme involving multiple visa holders and that the onus remained on the applicant to ensure the accuracy of their application. Despite the applicant's solicitor indicating general awareness of such scams within the Irish community, the applicant declined an adjournment to further address the evidence.

The Tribunal affirmed the decision to cancel the applicant's Subclass 417 visa, concluding that there had been non-compliance with section 101 of the Act and that, having regard to all the relevant circumstances, cancellation was warranted.