Rajaram (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the cancellation of a Subclass 476 (Skilled - Recognised Graduate) visa held by Mr. Rajaram. The Department of Home Affairs had cancelled the visa on the grounds of non-compliance with section 107 of the Migration Act 1958 (Cth), specifically relating to the provision of bogus documents and incorrect information in the visa application.

The primary legal issue before the Tribunal was whether the applicant had failed to satisfy the criteria for the visa due to the provision of an academic transcript containing incorrect information, and whether the visa cancellation decision was justified. The Tribunal was required to determine if the applicant had complied with the Act and regulations, particularly concerning the truthfulness and accuracy of information provided in support of the visa application.

The Tribunal found that the applicant had indeed failed to comply with section 107 of the Act, as the academic transcript submitted contained incorrect information. While acknowledging that the application was prepared by a migration agent, the Tribunal held that the applicant bore the ultimate responsibility for the accuracy of the information provided. The Tribunal concluded that inadequate steps were taken by the applicant to ensure the correctness of the application. Consequently, the Tribunal affirmed the decision to cancel the applicant’s visa.