Morton (Migration)

This matter concerned an application for review of the decision to cancel the applicant's Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant had provided incorrect information and bogus documents in support of an application for a second extension of this visa, specifically claiming to have completed six months of specified work in a regional area when this was not the case. The Department of Home Affairs subsequently issued a Notice of Intention to Consider Cancellation, alleging non-compliance with sections 101 and 103 of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) concerning the provision of accurate information and the use of genuine documents in visa applications. This involved determining if the applicant had provided false answers in his visa application and submitted payslips that were considered bogus documents, thereby engaging the Minister's power to cancel the visa under section 109 of the Act. The Tribunal was also required to consider the applicant's submissions in response to the notice, which included admissions of wrongdoing and explanations for his actions, to determine if there were sufficient grounds to show cause why the visa should not be cancelled.

The Tribunal found that the applicant had indeed failed to comply with sections 101 and 103 of the *Migration Act 1958* (Cth), as he had provided false information regarding his work experience and submitted bogus payslips. The Tribunal acknowledged the applicant's frank admission of his non-compliance and his stated remorse, as well as the mitigating factors he presented, including the impact of COVID-19 restrictions, personal injuries, and his desire to remain in Australia. However, the Tribunal concluded that the matters weighing in favour of cancelling the visa outweighed those against it.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 417 visa. The application for review was therefore not successful.