Vaidh (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 186 Employer Nomination Scheme (Temporary Residence Transition) visa held by Mr Vaidh. The cancellation was based on allegations of non-compliance with section 101 of the Migration Act 1958 (Cth), which requires visa applicants to provide correct information. The Tribunal considered whether the delegate had properly engaged the cancellation power under section 109 of the Act and whether the notice issued under section 107 of the Act complied with statutory requirements.

The primary legal issue was whether Mr Vaidh had provided incorrect information in his visa applications, specifically regarding his occupation. The delegate noted discrepancies between the occupation listed on his Subclass 457 and Subclass 186 visa applications (Graphic Pre-press Trades Worker) and the occupation listed in his Australian Taxation Office (ATO) records (Graphic Designer) during the relevant period. The delegate concluded that Mr Vaidh was working as a Graphic Designer for his sponsor, Jogia Diamonds International Pty Ltd, and that this constituted a failure to provide correct information.

The Tribunal found that the delegate had not reached the necessary state of mind to engage section 107 of the Act and that the notice issued under that section did not comply with the statutory requirements. Consequently, the power to cancel the visa under section 109 did not arise. The Tribunal set aside the decision to cancel Mr Vaidh's visa and substituted a decision not to cancel it.