Shaju (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Shaju, an applicant for a Subclass 476 (Skilled – Recognised Graduate) visa. The dispute concerned the cancellation of this visa following allegations of non-compliance with section 107 of the Migration Act 1958 (Cth). The applicant had provided academic qualifications that were alleged to be bogus, and incorrect information was included in the visa application.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of section 107 of the Act, and if so, whether the cancellation of the visa was justified. This involved determining whether the incorrect information provided in the application was a result of deliberate or inadvertent non-compliance, and assessing the steps taken by the applicant, or their migration agent, to ensure the correctness of the application.

The Tribunal found that there had been non-compliance as described in the notice given under section 107. Having regard to all the relevant circumstances, the Tribunal concluded that the visa should be cancelled. Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 476 visa.