Kodithuwakku Kankanamge (Migration)

The Administrative Appeals Tribunal considered the case of Kodithuwakku Kankanamge, who sought review of a decision to cancel his Temporary Skill Shortage (Class GK) visa (Subclass 482). The applicant had applied for the visa to work as an Insurance Loss Adjuster for Admiralty Maritime Consultants Pty Ltd, providing documentation in support of his training qualifications.

The primary legal issue before the Tribunal was whether the applicant had contravened provisions of the *Migration Act 1958* (Cth) by providing bogus documents and false or misleading information in his visa application. Specifically, the Tribunal had to determine if the applicant had failed to comply with sections 101(b) and 103 of the Act, which relate to providing correct information and not presenting counterfeit documents.

The Tribunal found that the training documents submitted by the applicant were non-genuine and had not been issued by the stated training centres. The delegate had determined that had the Department been aware of the fraudulent nature of these documents, the visa would not have been granted. The applicant contended that he was unaware the documents were bogus, having received them from a previous employer who organised them upon payment of course fees. He stated he believed they were legitimate and acknowledged his naivety in this regard.

The Tribunal was satisfied that the applicant had provided bogus documents and incorrect information, leading to the cancellation of his visa. However, the Tribunal set aside the decision under review, indicating a favourable outcome for the applicant, likely due to the mitigating circumstances presented.