Selvaraj (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Selvaraj, an applicant whose Subclass 476 (Skilled – Recognised Graduate) visa was subject to cancellation. The dispute arose from the applicant's alleged non-compliance with visa conditions, stemming from the provision of bogus documents by their agent, which led to the visa being granted.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the conditions of their visa, as notified under section 107 of the Migration Act 1958 (Cth). The Tribunal was also required to determine, having regard to all relevant circumstances, whether the visa should be cancelled.

The Tribunal found that there had been non-compliance by the applicant in the manner described in the section 107 notice. In reaching its decision, the Tribunal gave significant weight to the fact that bogus documents had been provided. Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 476 visa.