Moran (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the Working Holiday (Temporary) (Class TZ) visa, subclass 417, held by the applicant. The dispute arose because the applicant had allegedly provided incorrect information in their visa application, leading to a finding of non-compliance with the Act.

The Tribunal was required to determine whether grounds for cancellation existed under section 109 of the Migration Act 1958 (Cth), and if so, whether the applicant's visa should be cancelled. This involved assessing whether the notice of intention to cancel the visa complied with the requirements of section 107 of the Act and whether the applicant had indeed failed to comply with the provisions of section 101(b) by providing false or misleading information.

The Tribunal found that the notice issued under section 107 was valid and that the applicant had provided incorrect answers in their visa application. Specifically, the applicant stated they had completed at least six months of specified work in regional Australia, which was a criterion for the visa extension. However, evidence indicated that the applicant had not worked for the named employer, Core Traffic Control Pty Ltd, in Darwin. The Tribunal concluded that this constituted non-compliance with section 101(b) of the Act.

Given the established non-compliance, the Tribunal then considered whether to cancel the visa. While cancellation under section 109 is discretionary, the Tribunal found that the applicant had provided incorrect information to facilitate the grant of the visa. Despite the applicant not responding to the notice of intention to cancel, they had provided submissions to the Tribunal. Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.