Somasundaram (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Subclass 476 (Skilled – Recognised Graduate) visa held by the applicant, Mr. Somasundaram. The dispute arose from the Department of Home Affairs' decision to cancel the visa, which Mr. Somasundaram sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided bogus documents or incorrect information in relation to his visa application, thereby engaging the grounds for mandatory cancellation under section 107 of the Migration Act 1958 (Cth). The Tribunal was required to determine if the applicant was complicit in, or aware of, any fraudulent conduct, and whether he had taken adequate steps to ensure the accuracy of the information provided.

The Tribunal found that the applicant had indeed failed to comply with the requirements of the Act as outlined in the notice of cancellation. Applying the principles of statutory interpretation and evidential assessment, the Tribunal concluded, after considering all relevant circumstances, that the applicant's visa should be cancelled. The Tribunal was satisfied that the applicant was either complicit in the fraud or at least aware of it, and had not taken adequate steps to ensure the correctness of the information supplied.

Consequently, the Tribunal affirmed the decision to cancel the applicant’s Subclass 476 (Skilled – Recognised Graduate) visa.