Khayyer (Migration)

This matter concerned an appeal by Mr Khayyer against the cancellation of his Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The cancellation was based on allegations of providing bogus documents, specifically falsified payslips, contrary to sections 101(b) and 103 of the *Migration Act 1958* (Cth). The appeal was heard by the Tribunal.

The primary legal issue before the Tribunal was whether Mr Khayyer had failed to comply with the specified sections of the Act by providing bogus documents, and if so, whether his visa should be cancelled. The Tribunal was required to consider the definition of a "bogus document" under section 5 of the Act and the procedural requirements for visa cancellation under section 107, including the validity of the notice issued to Mr Khayyer and the subsequent decision-making process under section 108 and 109.

The Tribunal found that the notice issued under section 107 of the Act was valid and that Mr Khayyer had indeed failed to comply with sections 101(b) and 103 by providing falsified payslips. However, the Tribunal exercised its discretion under section 109(1) of the Act, considering the specific circumstances of the case. These included the COVID-19 pandemic travel restrictions, the fact that Mr Khayyer's previous employer had not paid him, and the emotional and economic distress that separation from his Australian partner, who was expecting a child, would cause.

Consequently, the Tribunal set aside the decision to cancel Mr Khayyer's visa and substituted a decision that the visa should not be cancelled.