Murugan (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the cancellation of a Subclass 476 (Skilled – Recognised Graduate) visa. The applicant, Murugan, had his visa cancelled by the Department of Home Affairs, and this decision was subsequently affirmed by the AAT. The core of the dispute revolved around allegations of non-compliance with the *Migration Act 1958* (Cth) and the provision of incorrect information in the visa application.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of section 107 of the *Migration Act 1958* (Cth) and, if so, whether the visa cancellation was justified. This involved determining whether the applicant had provided bogus documents or incorrect information in support of his visa application, and whether such non-compliance warranted the cancellation of his visa.

The Tribunal found that the applicant had indeed failed to comply with section 107 of the Act, specifically in relation to the provision of academic qualifications that were considered incorrect or potentially bogus. While the application was prepared by a migration agent, the Tribunal's reasoning indicated that the ultimate responsibility for the correctness of the information provided rested with the applicant. The Tribunal concluded that, having regard to all the relevant circumstances, the decision to cancel the visa was appropriate. The Tribunal affirmed the decision to cancel the applicant’s Subclass 476 (Skilled – Recognised Graduate) visa.