Juneja (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant had been granted the visa to work as an ICT Sales Representative, valid until May 2018. However, the visa was cancelled under s.109 of the Migration Act 1958 due to alleged non-compliance with ss.101(b) and 103 of the Act, specifically for providing incorrect answers regarding academic qualifications and submitting bogus documents.

The legal issues before the Tribunal were whether the applicant had failed to comply with the relevant sections of the Migration Act by providing incorrect information or bogus documents, and if so, whether the visa should be cancelled. The alleged non-compliance centred on academic qualifications from Bhartiya Shiksha Parishad, which the delegate asserted was not an authorised institution to grant bachelor qualifications, citing evidence from the University Grants Commission and the Bar Council of India.

The Tribunal found that the applicant had not engaged in non-compliance as particularised in the s.107 notice. While the delegate presented evidence suggesting Bhartiya Shiksha Parishad was not an authorised institution, the Tribunal concluded that it was not satisfied that the documents submitted were "bogus" as defined by the Act. Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.