Marino (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Subclass 417 (Working Holiday) visa. The applicant, an Italian national, had previously held other Australian visas before being granted a further Working Holiday visa on 27 November 2017. The dispute arose from information provided in his application for this visa, specifically concerning whether he had undertaken three months of specified work in regional Australia. The Tribunal was required to determine if the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the cancellation of his visa was warranted.

The primary legal issue before the Tribunal was whether the applicant had provided incorrect information in his visa application, thereby breaching section 101(b) of the *Migration Act 1958* (Cth). This section mandates that non-citizens must answer all questions on a visa application form and provide no incorrect answers. The Tribunal also had to consider whether the delegate had properly exercised the power to cancel the visa under section 109 of the Act, which requires a valid notice of non-compliance to be issued under section 107.

The Tribunal found that the applicant had indeed provided incorrect information in his application for the Subclass 417 visa. He had answered "Yes" to a question about undertaking specified work in regional Australia for three months and provided details of work purportedly undertaken between 14 April 2014 and 13 July 2014. The Tribunal was satisfied that the notice issued under section 107 complied with statutory requirements and that the applicant's conduct constituted non-compliance with section 101(b). After considering various factors, including the applicant's potential complicity or negligence in providing false information, and the likely consequences of cancellation, the Tribunal concluded that the decision to cancel the visa should be affirmed.