Rai (Migration)

This matter concerned the review of a decision to cancel the Subclass 187 Regional Sponsored Migration Scheme visa granted to the applicant, a Pakistani national. The sponsoring company, trading as Outback Jack’s Bar and Grill in Cairns, permanently closed before the applicant's visa was granted. The Department of Home Affairs had information that the applicant did not work for the sponsoring company and resided in Brisbane, and that this change in circumstances had not been communicated to the Department.

The Tribunal was required to determine whether there had been a failure by the applicant to comply with section 104(1) of the Migration Act 1958, which mandates that visa applicants must inform the Department in writing of any changes in circumstances that render an answer on their application incorrect. The Tribunal also had to consider whether, if non-compliance was found, the visa should be cancelled under section 109 of the Act.

The Tribunal affirmed the decision to cancel the visa. It found that the applicant was aware of the business's failure and its inability to continue operations, and that his failure to notify the Department of these changes constituted non-compliance with section 104(1). The Tribunal concluded that had the Department been aware of the correct information, the visa would not have been granted, and that the applicant deliberately withheld this information to secure a visa to which he would not otherwise have been entitled. While acknowledging the applicant's cooperation with the Department and his efforts to find employment and remain in Australia, the Tribunal considered the deliberate withholding of crucial information a significant factor favouring cancellation.