Pushparaj (Migration)

The applicant, Pushparaj, sought review of a decision to cancel their Subclass 476 (Skilled – Recognised Graduate) visa. The cancellation was based on allegations of providing fraudulent documents and incorrect answers in their visa application, specifically concerning provisional certificates from their university, Australian university approval for business plans, and the conduct of scientific research beneficial to a regional area.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as alleged in the notice of cancellation. Crucially, the Tribunal also had to consider whether, in light of all the relevant circumstances, the visa should be cancelled or if discretion should be exercised not to cancel it.

The Tribunal found that while there may have been non-compliance by the applicant as described in the notice under section 107 of the *Migration Act 1958* (Cth), it concluded that, having regard to all the relevant circumstances, the visa should not be cancelled. The Tribunal exercised its discretion to set aside the cancellation decision.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 476 (Skilled – Recognised Graduate) visa.