Reeves (Migration)

This matter concerned the review of a decision to cancel the applicant's Working Holiday (Temporary) (Class TZ) visa, subclass 417. The applicant had applied for a second subclass 417 visa, which required her to have completed 90 days of specified work in a regional area. The applicant conceded that she had provided incorrect information in her visa application, stating she had completed the required work when she had not. The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the decision to cancel her visa should be affirmed.

The Tribunal considered the provisions of section 101 of the *Migration Act 1958* (Cth), which mandates that visa applicants must provide correct answers in their applications. It also considered section 109, which grants the Minister a discretion to cancel a visa if the holder has failed to comply with section 101. The Tribunal accepted the applicant's explanation that she had been underpaid, bullied, and subjected to abuse while attempting to complete the specified work, which significantly impacted her mental health. She had engaged a third party to lodge her visa application, and it was this third party who provided the incorrect information. The Tribunal noted that section 100 of the Act states that an answer is incorrect even if the applicant did not know it was incorrect.

Despite the difficult circumstances the applicant faced, including her genuine remorse and character references, the Tribunal found that the non-compliance with section 101 was established. The Tribunal affirmed the decision to cancel the applicant's subclass 417 visa.