Sharma (Migration)

Sharma (Migration) concerned an application for review of a decision made under the *Migration Act 1958* (Cth) concerning a Skilled Regional Sponsored (Provisional) (Class SP) visa, subclass 489. The applicant, Mr. Sharma, had applied for this visa, nominating the occupation of Accountant (General). The core of the dispute revolved around alleged inaccuracies and misleading information provided in his visa application, specifically regarding his skilled employment experience, which was not adequately verified.

The Administrative Appeals Tribunal was required to determine whether Mr. Sharma had provided a visa application that was not true and correct in every significant detail, and whether there were any circumstances that would warrant a waiver of the usual consequences for such a failure. The Tribunal also had to consider the implications of the applicant's failure to verify his skilled employment experience as required by the visa application process.

In its reasoning, the Tribunal found that Mr. Sharma had indeed provided misleading information about his employment history and that his skilled employment experience had not been verified to the satisfaction of the Department. The Tribunal concluded that there were no exceptional circumstances presented that would justify a waiver of the legislative requirements. Consequently, the Tribunal affirmed the original decision to refuse the visa.