Kerr (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant had been granted a third Working Holiday visa on 15 September 2020. The Department issued a notice of intention to consider cancellation on 19 July 2021, alleging non-compliance with section 101(b) of the Migration Act 1958. The applicant failed to respond to this notice.

The primary legal issues before the Tribunal were whether there had been non-compliance with the Act as particularised in the notice, and if so, whether the visa should be cancelled. Specifically, the Tribunal had to determine if the applicant had provided incorrect information in her visa application regarding her undertaking of specified work in regional Australia.

The Tribunal found that the applicant had indeed provided incorrect information in her visa application, stating she had completed at least six months of specified regional work when she had not. This false statement was crucial to the grant of her third Working Holiday visa. While the applicant later explained she was unaware of the specific visa criteria and had been assisted by an individual to obtain the visa quickly due to pandemic concerns, the Tribunal noted this was her third such visa, making ignorance of the criteria unlikely. The Tribunal considered the applicant's subsequent work history and character references but ultimately concluded that the non-compliance was significant and warranted cancellation.

The Tribunal affirmed the decision to cancel the applicant's Subclass 417 visa.