Vincent (Migration)

The Administrative Appeals Tribunal, through Senior Member John Cipolla, considered the cancellation of a Subclass 476 (Skilled - Recognised Graduate) visa held by the applicant. The dispute arose from allegations that the applicant provided incorrect information and bogus documents in support of their visa application, specifically concerning the completion of a relevant course within the 24 months preceding the application. The applicant claimed their agent submitted documents without their knowledge, and that they held a genuine degree from another university, completed outside the specified timeframe, and that their visa had since expired.

The Tribunal was required to determine whether the applicant had complied with the provisions of the *Migration Act 1958* (Cth) concerning the provision of accurate information and genuine documents in their visa application. Specifically, the Tribunal had to assess whether the documents submitted were "bogus" as defined by section 5 of the Act, and whether the applicant had provided "incorrect answers" as contemplated by section 100, notwithstanding any lack of knowledge on their part. The Tribunal also considered the applicant's response to a notice issued under section 107 of the Act, which outlined the alleged non-compliance.

The Tribunal's reasoning affirmed the decision to cancel the visa. It found that the applicant had failed to comply with the requirements of the Act, particularly sections 101 and 103, by providing documents that were reasonably suspected to be bogus or obtained due to false or misleading statements. The Tribunal noted that the integrity checks on the submitted academic results revealed they were identical to those of other applicants, raising concerns about their authenticity. Furthermore, the Tribunal applied the principle that an answer is considered incorrect even if the applicant was unaware of its inaccuracy, as per section 100. Having found non-compliance under section 108, and considering all relevant circumstances, the Tribunal concluded that the visa cancellation was warranted under section 109.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 476 (Skilled - Recognised Graduate) visa.