Singh (Migration)

The Administrative Appeals Tribunal (Migration and Refugee Division) considered the case of Mr Singh, who sought review of the decision to cancel his Subclass 457 (Temporary Work (Skilled)) visa. The cancellation was based on the applicant's alleged failure to provide correct information when applying for the visa, specifically regarding his previous immigration history and use of multiple identities in Australia. The applicant argued that his responses were not incorrect, as his previous entries and stays were under a different identity which he believed was not his true identity at the time, and that the visa application form did not explicitly ask for other names he had been known by.

The Tribunal was required to determine whether the applicant had provided incorrect answers in his visa application form, thereby breaching section 101(b) of the Migration Act 1958. This involved assessing whether the applicant's claims about his dual identities and his understanding of the questions asked were sufficient to negate the finding of non-compliance. The Tribunal also considered the applicant's submissions regarding hardship, including separation from his wife and poor career prospects, as reasons why the visa should not be cancelled.

In its reasoning, the Tribunal noted that section 100 of the Migration Act 1958 provides that an answer to a question is incorrect even if the person did not know it was incorrect. The Tribunal found that the applicant had entered Australia under two different identities, and that departmental checks confirmed the second identity, under which the Subclass 457 visa was granted, was genuine, while the first identity was not. The Tribunal concluded that the applicant had not complied with section 101(b) by providing incorrect answers in his visa application. Despite acknowledging the potential hardship, the Tribunal affirmed the decision to cancel the applicant's visa.