Marichamy (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 476 (Skilled – Recognised Graduate) visa. The applicant had been granted this visa, which is a provisional visa within the Skilled (Provisional) (Class VF) visa class, but the decision to grant it was based on incorrect information, specifically the submission of bogus documents.

The Tribunal was required to determine whether the applicant had complied with the relevant provisions of the Migration Act 1958 (Cth) and whether the visa should be cancelled on the grounds of non-compliance. A key issue was whether the applicant possessed a genuine intention to pursue study, as the educational qualification was central to their eligibility for the visa.

The Tribunal found that there had been non-compliance by the applicant as described in the notice given under section 107 of the Act. Having regard to all the relevant circumstances, the Tribunal concluded that the visa should be cancelled. The Senior Member affirmed the decision to cancel the applicant’s visa.