Naughton (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 417 (Working Holiday) visa of the applicant, Ms. Naughton. The dispute arose from allegations that the applicant had provided false information in her visa application regarding her completion of specified regional work, a requirement for extending her visa.

The Tribunal was required to determine whether the applicant had indeed failed to comply with the requirements of the Migration Act 1958, specifically section 101(b), by providing incorrect information in her visa application. It also had to consider whether, in light of the circumstances surrounding this non-compliance, the visa should be cancelled.

The Tribunal found that the applicant had provided incorrect information in her visa application, stating she had completed three months of specified regional work when she had not. This non-compliance was acknowledged by the applicant, who explained that she had been working full-time in a critical IT medical procurement role during Melbourne's stage four lockdown, assisting with the COVID-19 response. While this did not excuse the provision of false information, the Tribunal gave considerable weight to the applicant's circumstances, her attempts to find regional work, and the fact that her actual work was later recognised as critical COVID-19 related work by the government.

Ultimately, the Tribunal concluded that while non-compliance occurred as described in the notice, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's Subclass 417 visa.