Noone (Migration)

This matter concerned an appeal by the applicant, a national of the Republic of Ireland, against the cancellation of his Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The applicant had been informed by the Department that his visa was liable for cancellation on the grounds that he had provided false or misleading information in his application for a third Subclass 417 visa, specifically concerning his undertaking of specified work in regional Australia.

The primary legal issue before the Tribunal was whether the applicant had indeed failed to comply with the requirements of his visa application, thereby providing incorrect answers as contemplated by the *Migration Act 1958* (Cth). This involved determining whether the applicant had knowingly or unknowingly provided false information regarding his regional employment, and whether this constituted a ground for visa cancellation under section 109 of the Act. The Tribunal also considered the applicant's admissions and explanations regarding how he obtained assistance for his visa application.

The Tribunal found that the applicant had made admissions to providing incorrect information concerning his claimed specified work in his visa application, accepting full responsibility for the submitted information. The applicant explained that he had paid a sum of money to an individual to assist in procuring his visa and expressed regret for this action, acknowledging it was a mistake. The Tribunal noted that section 100 of the Act states that an answer is incorrect even if the person did not know it was incorrect. Having regard to the applicant's admissions and the evidence before it, the Tribunal concluded that there was non-compliance by the applicant in the manner described in the notice issued under section 107 of the Act.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 417 visa.