Maguire (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant had provided incorrect answers in their visa application, specifically regarding whether they had undertaken specified work in regional Australia. The Tribunal was required to determine if there had been non-compliance with the Migration Act 1958 as particularised in the notice issued under section 107 of the Act, and if so, whether the visa should be cancelled.

The Tribunal considered the provisions of section 109 of the Act, which permits the Minister to cancel a visa if the holder has failed to comply with certain sections, including section 101, which mandates that visa applications must be completed accurately. The Tribunal found that the notice issued under section 107 complied with statutory requirements and that the applicant had indeed failed to comply with section 101(b) by providing an incorrect answer to the question about undertaking specified work in regional Australia. The Tribunal noted that under section 100, an answer is considered incorrect even if the applicant was unaware of its inaccuracy.

Having determined that there was non-compliance as described in the section 107 notice, the Tribunal then considered whether the visa should be cancelled. The Tribunal was satisfied that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued was valid. After considering all relevant circumstances, including the limited degree of hardship presented by the applicant, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant’s Subclass 417 visa.