Linnie (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Working Holiday (Temporary) visa, subclass 417, was cancelled. The dispute arose from allegations that the applicant provided incorrect information in their visa application regarding specified work undertaken in regional Australia. The employer, Banana Exchange Pty Ltd, reported no record of the applicant's employment, contradicting the applicant's claim of having worked for 190 days between March and August 2020.

The Tribunal was required to determine whether the applicant had failed to comply with the provisions of the *Migration Act 1958* (Cth) concerning the provision of correct information in visa applications. Specifically, the Tribunal had to assess if the notice of intention to cancel the visa, issued under section 107 of the Act, was valid and if the applicant had indeed provided false or misleading information about their employment history, which was a requirement for their visa extension.

The Tribunal reasoned that section 109(1) of the Act permits the Minister to cancel a visa if the holder fails to comply with certain sections, including those requiring the provision of correct information. The Tribunal found that the notice of intention to cancel the visa, detailing the alleged incorrect information about employment with Banana Exchange Pty Ltd, complied with the requirements of section 107. Having reviewed the evidence, the Tribunal concluded that the applicant had not worked for the stated employer and therefore had provided incorrect information in their visa application. The Tribunal affirmed the decision to cancel the applicant's visa, finding that the non-compliance was established and that, after considering all relevant circumstances, including the impact of COVID-19 related travel restrictions and family illness on the applicant's employer, the cancellation was warranted.