Maguire (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant had applied for the visa on 18 August 2020, declaring that they had carried out at least six months of specified work in regional Australia while holding a previous Working Holiday visa. The Department of Home Affairs subsequently cancelled the visa, and the applicant sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether the notice issued under section 107 of the *Migration Act 1958* (Cth) complied with statutory requirements, and whether the applicant had indeed failed to comply with the Act by providing incorrect information in their visa application, as particularised in the notice. The Tribunal was required to determine if the applicant's declaration regarding specified work was accurate, given that the employer reported no record of the applicant.

The Tribunal found that the notice issued under section 107 was valid and that the applicant had failed to comply with section 101 of the Act by providing incorrect information in their visa application. The Tribunal noted that section 100 of the Act provides that an answer is incorrect even if the applicant did not know it was incorrect. Despite the applicant's submission that lockdown travel restrictions prevented them from undertaking the specified work, the Tribunal concluded that this did not negate the fact that the information provided in the application was incorrect.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 417 (Working Holiday) visa.