Panattu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Special Category (Temporary) (Class TY) Subclass 444 visa. The applicant had been removed from Australia over 20 years prior, following the cancellation of a Subclass 126 visa in 1999 due to the provision of bogus documents. The core of the dispute revolved around whether the applicant had received timely notification of the visa cancellation before departing their home country, which they argued would have prevented their travel to Australia.

The Tribunal was required to determine if the applicant was entitled to the Subclass 444 visa, specifically in light of the 1999 visa cancellation and the applicant's assertion that they did not receive notification of this cancellation until after they had departed their home country and arrived in Australia. The applicant's submission contended that the timing of their departure and arrival, coupled with the clear wording of the cancellation notice, indicated a lack of prior notification, and that had they been aware, they would not have travelled.

The Tribunal acknowledged the significant time elapsed since the 1999 cancellation. The applicant's representative argued that the applicant and their spouse departed their home country and travelled to Australia without a valid visa, suggesting they only received the cancellation notice on 29 September 1999, approximately two weeks after its issue date. This was supported by the submission that it would be illogical for educated individuals to travel to Australia with the intention of starting a new life if they knew their visa had been cancelled and they would be refused entry and removed. The applicant's representative also noted that despite the cancellation notification advising relevant posts were informed, the applicant was still able to depart from transit points like Dubai and Kuala Lumpur. The Tribunal noted that the applicant's representative had previously stated it was "too late to inform the applicants on their cancellation of their visas" in correspondence dated 18 October 1999.