Kuppusamy (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 476 (Skilled – Recognised Graduate) visa. The applicant had been granted this visa based on information provided in their application, which was later found to be incorrect, specifically concerning academic qualifications and the submission of bogus documents.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as notified by the Department, and whether, in light of all relevant circumstances, the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had indeed failed to comply with the Act, as the visa had been granted based on incorrect information. The Tribunal reasoned that the responsibility for ensuring the accuracy of information provided in a visa application rests with the applicant, regardless of the involvement of a migration agent. The presence of bogus documents and incorrect academic qualifications constituted a fundamental flaw in the basis upon which the visa was granted, leading the Tribunal to conclude that the cancellation of the visa was appropriate.