Mahon (Migration)

The applicant, a citizen of Ireland, sought review of a decision by the Department of Immigration and Border Protection to cancel his Subclass 186 (Employer Nomination Scheme) visa. The cancellation was based on allegations that the applicant had provided incorrect information and bogus documents in support of his visa application, specifically concerning his employment as a Project Administrator for his sponsoring employer, Murphy Pipe and Civil Pty Ltd. The applicant had previously held a Subclass 457 visa sponsored by the same employer for the same nominated occupation.

The primary legal issues before the court were whether the applicant had contravened section 101 of the Migration Act 1958 (Cth) by providing incorrect information in his visa application, and whether he had contravened section 103 of the Act by providing bogus documents. These alleged contraventions formed the basis for the delegate's decision to cancel the applicant's visa under section 109 of the Act. The court was required to determine if the information provided by the applicant regarding his employment as a Project Administrator was indeed incorrect, and if the supporting documents, including a letter from his employer, were bogus.

The court found that the ground for cancellation had not been made out. While acknowledging that the applicant's role may not have been strictly administrative, the court was not satisfied that the applicant or his employer had misrepresented his duties. The applicant contended that his payslips, titled "leading hand," reflected his actual role, but argued that Murphy Pipe and Civil had failed to update his employment file to accurately record his progression and responsibilities, which he claimed had evolved into a project administration capacity. The court accepted that the applicant had not provided incorrect information or bogus documents as alleged by the Department, and therefore the power to cancel the visa under section 109 did not arise. Consequently, the decision to cancel the applicant's visa was set aside.