Waters (Migration)

The Federal Court of Australia considered an appeal by Mr. Waters against the cancellation of his Subclass 186 (Employer Nomination Scheme (Permanent)) visa. The cancellation was initiated under section 109 of the *Migration Act 1958* (Cth) following an audit of the nominating employer and the imposition of a sponsorship bar on that employer. The core of the dispute concerned whether Mr. Waters had provided incorrect information or a bogus document in support of his visa application.

The primary legal issues before the Court were whether the information provided by Mr. Waters regarding the description of his duties during the relevant period was incorrect, and whether a letter from his employer, submitted as part of his application, constituted a bogus document. These questions were central to determining whether the delegate had lawfully exercised the power to cancel Mr. Waters' visa under section 109 of the Act.

The Court analysed the information provided in light of the ANZSCO occupation definition and found that the description of Mr. Waters' duties was not incorrect. It was noted that a deterioration in economic conditions had led to a change in Mr. Waters' employment responsibilities. Furthermore, the Court concluded that the employer's letter was not a bogus document. Consequently, the Court found that the non-compliance required for cancellation under section 109 had not been established, meaning the power to cancel Mr. Waters' visa did not arise. The cancellation of the visa was therefore set aside.