Leigh (Migration)

This matter concerned the review of a decision to cancel the applicant's Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant had provided answers in their visa application concerning specified work in regional Australia, which the Department of Home Affairs later indicated was incorrect, leading to the cancellation. The case was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the Migration Act 1958 by providing incorrect answers in their visa application. This involved determining if the information provided regarding the duration and nature of their specified work, including employer details and dates of employment, was accurate, and if so, whether this non-compliance warranted the cancellation of their visa.

The Tribunal considered the notice issued under section 107 of the Act, which particularised the alleged non-compliance with section 101(b). The Tribunal found that the notice itself was valid and that the applicant had indeed provided incorrect information in their application concerning the completion of at least six months of specified work. However, after considering all relevant circumstances, the Tribunal concluded that the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa.