RAVI (Migration)

The Administrative Appeals Tribunal, constituted by Senior Member Kira Raif, considered an application by RAVI concerning the cancellation of their Subclass 476 (Skilled - Recognised Graduate) visa. The dispute arose from allegations of non-compliance with visa requirements, specifically relating to the submission of bogus documents and providing incorrect answers during the application process, with issues also arising from the applicant's dealings with a migration agent.

The Tribunal was required to determine whether the applicant had failed to comply with the conditions of their visa as notified by the Department under section 107 of the Migration Act 1958 (Cth). Furthermore, the Tribunal had to assess whether, in light of all the circumstances, the cancellation of the applicant's visa was the appropriate course of action.

In reaching its decision, the Tribunal found that the applicant had indeed engaged in non-compliance as described in the section 107 notice. The reasoning indicated that the applicant was complicit in the actions of their migration agent and demonstrated a degree of negligence and reckless indifference in their dealings with that agent. Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 476 visa.