Maruthamuthu Shanmugam (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Maruthamuthu Shanmugam concerning the cancellation of a Skilled (Provisional) (Class VF) visa, Subclass 476 (Skilled – Recognised Graduate). The dispute arose from allegations of the applicant submitting bogus documents and providing incorrect answers during the visa application process, with concerns also raised about the applicant's engagement with a migration agent.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as notified under section 107, and consequently, whether the decision to cancel the applicant's visa should be affirmed. The Tribunal was required to assess the applicant's complicity in, or negligent and recklessly indifferent approach to, the actions of their migration agent in relation to the visa application.

The Tribunal found that there had been non-compliance by the applicant in the manner described in the section 107 notice. Having regard to all the relevant circumstances, including the applicant's conduct in dealing with their migration agent, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the delegate's decision to cancel the applicant's Subclass 476 visa.