Siddiqui (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 457 (Temporary Work (Skilled)) visa. The applicant, Mr. Siddiqui, had been granted the visa on 10 February 2014, based on an application lodged on 9 September 2013, which declared his sponsoring employer to be Absolute Business Brokers Pty Ltd (ABB). The visa was subsequently cancelled by the Department of Immigration and Border Protection. The applicant sought review of this cancellation decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the provisions of the *Migration Act 1958* (Cth), specifically section 101(b), as particularised in the Notice of Intention to Consider Cancellation (NOICC). This section requires visa applicants to provide correct information and not to present bogus documents. The NOICC alleged that the applicant had provided incorrect information regarding his employment with ABB, supported by an employment agreement purportedly signed by a director of ABB, Chris Panagiotidis, and witnessed by an ABB employee, Ismar Muratovic.

The Tribunal considered evidence that Mr. Panagiotidis stated he did not sign the employment agreement, and Mr. Muratovic stated he did not witness Mr. Panagiotidis's signature, and that his own signature on the document was misspelt and his address incorrect. The Tribunal found that the applicant had indeed been non-compliant in the manner described in the NOICC, as the employment agreement was not genuine and ABB did not have a nominated position for him. However, the Tribunal also considered the applicant's explanation that his migration agent handled the application and that he was unable to contact Mr. Panagiotidis until July 2014 due to illness. Despite the non-compliance, the Tribunal concluded that, having regard to all the relevant circumstances, the visa should not be cancelled.