Vasquez (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the Bridging A (Subclass 010) visa held by the applicant, Mr Vasquez. The dispute arose from alleged non-compliance with provisions of the *Migration Act 1958* (Cth) relating to the provision of false information and bogus documentation in relation to a previously held Business Visitor (Subclass 600) visa.

The Tribunal was required to determine whether the applicant had failed to comply with sections 101(b) and 103 of the Act, as particularised in the notice issued under section 107. Specifically, the Tribunal had to assess whether the applicant had provided incorrect answers in his visa application and whether he had provided a bogus document, and if so, whether these constituted grounds for cancelling his current Bridging A visa.

The Tribunal found that the applicant's Bridging A visa was granted on 12 April 2019, and the delegate issued a notice under section 107 of the Act on 18 November 2020, indicating an intention to cancel the visa due to non-compliance with sections 101(b) and 103. The claimed non-compliance related to the applicant's previously held Business Visitor (Subclass 600) visa, granted on 27 June 2017. The Tribunal concluded that the decision to grant the Business Visitor visa was at least partly based on the provision of a bogus bank statement from Banco de Credito Peru (BCP) purporting to show significant funds, and false information regarding his employment with Grupo Arni SAC and his intention to attend a conference. The applicant conceded that his purported employer had not employed him and that a payslip provided was not genuine. The Tribunal considered the provision of this false information and bogus documentation to be significant non-compliance.

The Tribunal affirmed the delegate's decision to cancel the applicant's Bridging A (Subclass 010) visa. The Tribunal weighed the non-compliance heavily in favour of cancellation, finding that the applicant's actions demonstrated a significant disregard for the integrity of the migration process.