Joy (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 476 (Skilled – Recognised Graduate) visa. The dispute concerned the applicant's non-compliance with visa requirements, specifically relating to the provision of academic qualifications and other information within their visa application.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of section 107 of the Migration Act 1958 (Cth) and, if so, whether the visa cancellation decision should be affirmed. This involved considering the nature of the non-compliance, including whether it was deliberate or inadvertent, and assessing the relevant circumstances in reaching a conclusion on the cancellation.

In its reasoning, the Tribunal found that the applicant had indeed failed to comply with the requirements as outlined in the notice given under section 107 of the Act. Having regard to all the circumstances, the Tribunal concluded that the visa cancellation was appropriate and therefore affirmed the delegate's decision.