Stevenson (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by Stevenson against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs regarding the cancellation of his Subclass 417 (Working Holiday) visa. The dispute arose from information provided by the applicant in his visa application, which the Department of Home Affairs subsequently found to be incorrect.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in his application for a second Working Holiday visa. Specifically, the Tribunal had to assess whether the applicant's claims regarding employment with AAG Labour Services Pty Ltd in Western Australia, including the dates and duration of work, constituted a breach of section 101(b) of the Act, which mandates that visa applications must not contain incorrect answers.

The Tribunal reasoned that section 100 of the Act clarifies that an answer is considered incorrect even if the applicant was unaware of its inaccuracy. In this instance, the Department conducted an employment verification check with AAG Labour Services Pty Ltd, which reported no record of the applicant's employment. Based on this verification, the delegate concluded that the applicant had provided incorrect information regarding his specified work, thereby failing to comply with section 101(b). The Tribunal affirmed this decision, finding that the applicant had indeed failed to comply with the Act as alleged in the notice of intention to cancel his visa.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 417 (Working Holiday) visa.