Liu (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The dispute concerned whether the applicant had provided incorrect information in their visa application, specifically regarding specified work in a regional area, which is a requirement for eligibility for a Working Holiday Visa extension.

The Tribunal was required to determine if the applicant had contravened section 101 of the Migration Act 1958 by providing incorrect answers in their visa application form. This involved considering the definition of "incorrect answers" under section 100, which states that an answer is incorrect even if the applicant was unaware of the inaccuracy. The Tribunal also had to assess whether the Minister had correctly exercised their discretion to cancel the visa under section 109, having regard to any response provided by the applicant.

The Tribunal's reasoning focused on the applicant's failure to meet the criteria for specified work in a regional area as required for their visa. The Tribunal found that the information provided by the applicant in their application was incorrect, thereby constituting a breach of section 101 of the Migration Act. In accordance with section 109, the Minister was empowered to cancel the visa if non-compliance was established and any response from the applicant was considered. The Tribunal affirmed the Minister's decision, finding no error in the cancellation of the visa.