Morris (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Working Holiday (Temporary) (Class TZ) visa, Subclass 417, held by the applicant, Morris. The dispute arose from allegations that the applicant provided incorrect information in her visa application concerning specified work undertaken in regional Australia. The Department of Home Affairs had contacted the applicant's purported employer, who stated they had no record of her employment, leading to a finding of non-compliance with section 101 of the Migration Act 1958.

The Tribunal was required to determine whether the applicant had failed to comply with section 101 of the Act by providing incorrect information in her visa application, as particularised in the notice issued under section 107. If non-compliance was found, the Tribunal then had to consider whether the applicant's visa should be cancelled, as cancellation under section 109 of the Act is discretionary.

The Tribunal found that the applicant had indeed failed to comply with section 101 of the Act, as the employer verification checks indicated she had not undertaken the specified regional work claimed in her application. However, in exercising its discretion under section 109, the Tribunal gave significant weight to several factors against cancellation. These included the applicant's active community engagement and volunteer work, her long-term de facto relationship and the substantial support received from her partner, her responsible employment and promotion, and the difficult circumstances faced by her family in the UK. The Tribunal also noted the applicant was recovering from a period of harassment and that continued engagement with supportive individuals and employers would aid her full recovery.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.