Salve (Migration)

The Administrative Appeals Tribunal (AAT) considered a dispute concerning the cancellation of a Subclass 489 Skilled – Regional (Provisional) visa held by an applicant who had applied as a Software Engineer. The cancellation was based on allegations of the applicant providing incorrect information in their visa application, specifically regarding their employment history, and the submission of a bogus document, identified as an employment reference.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that would justify the cancellation of their visa. This involved determining if the information provided about their employment history was indeed incorrect and if the employment reference constituted a bogus document, thereby triggering the grounds for cancellation under section 107 of the Act.

The Tribunal found that it was not satisfied that the applicant had engaged in the non-compliance alleged in the notice issued under section 107 of the Act. Consequently, the discretionary power to cancel the applicant's visa did not arise. The Tribunal therefore set aside the decision to cancel the visa and substituted a decision not to cancel the applicant's Subclass 489 visa.