Morshed (Migration)

This matter concerned an appeal by Mr. Morshed against the cancellation of his Subclass 482 Temporary Skill Shortage visa. The dispute arose because the Department of Home Affairs had cancelled Mr. Morshed's visa, and the Administrative Appeals Tribunal was required to review this decision.

The primary legal issue before the Tribunal was whether the ground for cancellation of Mr. Morshed's visa was made out, and if so, whether the visa should be cancelled. This involved determining whether the notice of intention to cancel (NOICC) issued under section 107 of the Migration Act 1958 complied with the statutory requirements, and whether Mr. Morshed had indeed failed to comply with the provisions of the Act as alleged in the NOICC.

The Tribunal reasoned that section 109 of the Act permits the Minister to cancel a visa if the visa holder has failed to comply with certain provisions, including section 101, which requires visa applicants to provide correct information. The Tribunal found that the NOICC issued to Mr. Morshed contained sufficient particulars to enable him to understand and address the alleged non-compliance. Crucially, the Tribunal was satisfied that the delegate had reached the necessary state of mind to engage section 107. The non-compliance identified related to Mr. Morshed's visa application, where he stated he was working full-time for the sponsoring company. However, the evidence showed that the sponsoring company had been deregistered and ceased operating prior to the lodgement of Mr. Morshed's visa application. The Tribunal concluded that this constituted non-compliance with section 101(b) of the Act, as Mr. Morshed had provided incorrect information.

Having found that there was non-compliance and that the NOICC was valid, the Tribunal affirmed the decision to cancel Mr. Morshed's Subclass 482 visa.