Nasir (Migration)

This matter concerned an appeal by Mr Nasir against the cancellation of his Skilled Regional Sponsored (Provisional) (Class SP) visa, Subclass 489. The cancellation was based on allegations that Mr Nasir had provided incorrect information in his visa application, specifically concerning his employment history, and had submitted a bogus document. The Administrative Appeals Tribunal was required to determine whether the decision to grant the visa was based on incorrect information and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered whether the decision to grant Mr Nasir's visa was based on incorrect information. It found that while Mr Nasir had failed to list all his employment during the relevant period, the skills assessment upon which his visa grant was based was found to be founded on correct and genuine, albeit incomplete, information. The Tribunal also considered the circumstances of the non-compliance, noting Mr Nasir's explanation that English was not his native language and that he had not received assistance from a migration agent when completing the forms. The Tribunal gave significant weight against cancellation to Mr Nasir's subsequent actions in correcting his Form 80, his positive contributions to the Australian community through his employment, his integration into Australian society, and the impact cancellation would have on his family.

Ultimately, the Tribunal concluded that while there had been non-compliance by Mr Nasir in the manner described in the notice, the weight of the considerations militated strongly against visa cancellation. The Tribunal set aside the decision to cancel Mr Nasir's visa and substituted a decision not to cancel it.