Mahon (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 417 (Working Holiday) visa. The applicant had applied for an extension of this visa, asserting that they had completed three months of specified work in regional Australia. The Department subsequently received information from the named employer, AAG Labour Services PTY LTD, stating that the applicant had never worked for them. The Tribunal, constituted by Bridget Cullen, was tasked with determining whether the applicant's visa should be cancelled.

The primary legal issue before the Tribunal was whether the applicant had engaged in non-compliance as described in the notice issued under section 107 of the Migration Act 1958. Specifically, the Tribunal had to determine if the applicant had provided incorrect answers in their visa application, contrary to section 101(b) of the Act, and if so, whether the visa cancellation was warranted. The Tribunal also considered whether the notice issued under section 107 complied with statutory requirements and whether the delegate had reached the necessary state of mind to engage the cancellation power.

The Tribunal reasoned that section 109 of the Act permits the Minister to cancel a visa if the holder has failed to comply with certain provisions, including section 101, which requires visa applicants to provide correct information. The Tribunal found that the notice issued under section 107 was valid and that the applicant had indeed provided incorrect information in their visa application by claiming to have completed 90 days of specified work with AAG Labour Services PTY LTD, when that company stated the applicant had never been employed by them. The Tribunal noted that under section 100, an answer is considered incorrect even if the applicant was unaware it was incorrect. Having found non-compliance, and considering all relevant materials, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 417 (Working Holiday) visa.