Sundaram (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 476 (Skilled – Recognised Graduate) visa. The dispute concerned the applicant's non-compliance with visa requirements, specifically relating to the provision of academic qualifications and incorrect information in the visa application, which the Tribunal found to be "bogus documents."

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the Act as notified under section 107, and whether, in light of all the circumstances, the visa should be cancelled. This involved assessing the applicant's conduct in relation to the information provided and the actions of their migration agent.

The Tribunal concluded that the applicant had indeed failed to comply with the requirements of section 107 of the Migration Act 1958 (Cth). It found that the academic qualifications submitted were "bogus" and that the applicant had provided incorrect information in their visa application. The Tribunal also considered the applicant's dealings with their migration agent, noting that the application was prepared by the agent and that the applicant was "negligent and recklessly indifferent" in their dealings with that agent. Having regard to these circumstances, the Tribunal affirmed the decision to cancel the applicant's visa.