Kennedy (Migration)

This matter concerned an application by a visa holder, Kennedy, to review the decision to cancel her Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The cancellation was based on allegations of providing incorrect information in her visa application regarding specified work in regional Australia. The employer reported no record of the applicant having worked for them during the period stated.

The Tribunal was required to determine whether there had been non-compliance with section 101 of the Migration Act 1958, as particularised in the notice issued under section 107 of the Act. Specifically, the issue was whether the applicant had failed to provide correct answers in her visa application concerning the completion of at least six months of specified work in regional Australia. If non-compliance was found, the Tribunal then had to consider whether the visa should be cancelled.

The Tribunal found that the applicant had indeed failed to comply with section 101 of the Act, as she admitted to not completing the required six months of regional work. However, the Tribunal concluded that, having regard to all the relevant circumstances, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant’s Subclass 417 visa.