Sanjeet Kumar (Migration)

This matter concerned the review of a decision to cancel Mr Sanjeet Kumar's Subclass 457 (Temporary Work (Skilled)) visa. The Tribunal, presided over by Catherine Carney-Orsborn, considered evidence and submissions from Mr Kumar regarding the grounds for cancellation.

The primary legal issues before the Tribunal were whether Mr Kumar had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in his visa application and whether the cancellation decision should be affirmed. Specifically, the Tribunal had to determine if Mr Kumar had failed to disclose time spent outside India in the five years prior to his application and if he had failed to disclose charges pending against him in India, including those related to unlawful import and family violence.

The Tribunal found that Mr Kumar had indeed failed to comply with section 101(b) and section 104 of the Act, as particulars of this non-compliance were provided in a valid notice issued under section 107. The Tribunal accepted that the notice complied with statutory requirements and that the delegate had reached the necessary state of mind to engage section 107. Mr Kumar’s explanations for the incorrect information, including a miscalculation of time spent in the United Kingdom and claims that criminal charges were due to business disputes or family disagreements, were not considered satisfactory. The Tribunal noted that section 100 of the Act provides that an answer is incorrect even if the person did not know it was incorrect.

Having considered all relevant circumstances, the Tribunal concluded that the decision to cancel Mr Kumar's visa should be affirmed.