Khosa (Migration)

The Administrative Appeals Tribunal (Cth) considered an application by an individual, referred to as Khosa, concerning the cancellation of their Subclass 885 (Skilled - Independent) visa. The dispute arose from allegations of non-compliance with the requirements for the visa, specifically relating to information provided by the applicant.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the conditions of their visa, as notified by the Department under section 107 of the Migration Act 1958 (Cth). The Tribunal was required to determine if the applicant had deliberately provided incorrect information and, if so, whether this warranted the cancellation of their visa.

The Tribunal found that the applicant had indeed failed to comply with the Act in the manner described in the notice. This non-compliance was characterised as a deliberate and wilful attempt to mislead and falsify information, including the provision of bogus skills assessment results and incorrect details concerning work experience. Having regard to all the relevant circumstances, the Tribunal concluded that the visa cancellation was appropriate.

Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 885 visa.