Park (Migration)

This matter concerned the cancellation of a Subclass 186 Employer Nomination Scheme visa. The applicant had provided an incorrect answer on their visa application, specifically regarding employment by the nominating employer. The director of the nominating business had denied employing the applicant, despite the business having changed its name and the new entity having registered the previous company name, and a valid employment contract existing. The decision under review was the Minister's cancellation of the visa.

The primary legal issue before the Tribunal was whether the power to cancel the applicant's visa arose, given the circumstances surrounding the incorrect answer provided in the visa application. This involved determining whether the applicant had complied with the requirements of the *Migration Act 1958* (Cth) concerning the accuracy of information provided in visa applications and subsequent responses to notices issued by the Minister.

The Tribunal found that it was not satisfied that there had been non-compliance by the applicant in the manner described in the notice issued under section 107 of the *Migration Act 1958*. Consequently, the discretionary power to cancel the applicant's visa did not arise. The Tribunal set aside the decision under review and substituted a decision not to cancel the visa. The Tribunal also noted it had no jurisdiction with respect to other applicants.