Mahony (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the Working Holiday (Temporary) (Class TZ) visa, subclass 417, held by the applicant, Mahony. The dispute arose from allegations that the applicant had provided incorrect information in her visa application, specifically regarding her compliance with the requirement to undertake specified work in regional Australia.

The Tribunal was required to determine whether there had been non-compliance with the provisions of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107 of the Act. If non-compliance was established, the Tribunal then had to consider whether the applicant's visa should be cancelled under section 109 of the Act, which involves a discretionary power.

The Tribunal found that the applicant had provided incorrect answers in her Working Holiday (Extension) visa application lodged on 16 August 2020, in contravention of section 101(b) of the Act. Specifically, the applicant stated she had completed at least six months of specified work in regional Australia, which the Tribunal concluded was false, as evidenced by correspondence received by the Department. The Tribunal was satisfied that the notice issued under section 107 complied with statutory requirements and that the applicant had not disputed the particulars of non-compliance. Given this established non-compliance, the Tribunal exercised its discretion under section 109(1) to affirm the decision to cancel the applicant's visa.