Ritesh Kanwar (Migration)

This matter concerned an appeal by Ritesh Kanwar against the Tribunal's decision to affirm the cancellation of his Subclass 187 (Regional Sponsored Migration Scheme) visa. The core of the dispute revolved around whether Mr Kanwar had failed to notify the Department of Home Affairs of changes in his circumstances, specifically that his sponsored employment position was no longer available at the time his permanent visa was granted. The Tribunal, constituted by Hugh Sanderson, was tasked with determining if there had been non-compliance with the Migration Act 1958 and, if so, whether the visa cancellation was appropriate.

The legal issues before the Tribunal were whether Mr Kanwar had failed to comply with section 104 of the Migration Act 1958 by not informing the Department of changes in his circumstances that rendered his visa application answers incorrect. This included the specific allegation that he did not disclose that his employment with his sponsor was no longer available at the time his permanent visa was granted. The Tribunal also had to consider whether the notice issued under section 107 of the Act complied with statutory requirements and whether the delegate had reached the necessary state of mind to engage the cancellation power.

The Tribunal found that the notice issued under section 107 was valid and that Mr Kanwar had indeed failed to comply with section 104 of the Act. The Tribunal noted inconsistencies in Mr Kanwar's evidence regarding his employment history and the duration and nature of his work in Barcaldine. It was concluded that the applicant had not provided correct information regarding his employment status at the time of his visa application and grant, and that he had failed to notify the Department of these changed circumstances as required.

Consequently, the Tribunal affirmed the decision to cancel Mr Kanwar's Subclass 187 visa. The Tribunal also noted that it had no jurisdiction with respect to another applicant in the matter.