Santhanakumar (Migration)

The Administrative Appeals Tribunal (AAT) considered a decision to cancel the Subclass 476 (Skilled – Recognised Graduate) visa granted to Mr. Santhanakumar. The dispute arose because the Department of Home Affairs was not satisfied that Mr. Santhanakumar genuinely intended to study in Australia, finding that the visa grant was based on incorrect answers provided by the applicant and the use of counterfeit documents.

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 warranted the cancellation of his visa. Specifically, the Tribunal had to determine if the applicant had provided bogus documents or made false statements, and if this non-compliance justified affirming the cancellation decision.

The Tribunal affirmed the Department's decision to cancel the visa, concluding that there had been non-compliance by the applicant as described in the notice given under section 107 of the *Migration Act 1958* (Cth). Having regard to all the relevant circumstances, including the use of counterfeit documents and the applicant's lack of genuine intention to study, the Tribunal found that the visa should be cancelled.