THAIVELIYIL RADHAKRISHNAN (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of a Skilled (Provisional) (Class VF) visa, Subclass 476 (Skilled – Recognised Graduate), held by Mr. Thaivelliyil Radhakrishnan. The dispute centred on allegations of non-compliance with section 107 of the Migration Act 1958 (Cth), specifically concerning the provision of bogus documents relating to academic qualifications and the inclusion of incorrect information in the visa application.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of section 107 of the Act, and if so, whether the decision to cancel the visa should be affirmed. This involved determining whether the academic qualifications presented were genuine and whether the incorrect information provided in the application constituted a breach of the applicant's obligations, regardless of whether the application was prepared by a migration agent and whether the non-compliance was deliberate or inadvertent.

The Tribunal found that the applicant had indeed failed to comply with section 107 of the Act, as evidenced by the provision of bogus documents and incorrect information. In reaching this conclusion, the Tribunal considered the applicant's responsibility to ensure the correctness of their application, even when assisted by a migration agent. The Tribunal affirmed the decision to cancel the applicant’s visa.