Whelan (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Working Holiday (Temporary) (Class TZ) visa, Subclass 417, held by the applicant, Whelan. The dispute arose from the applicant providing incorrect information in her visa extension application, specifically regarding three months of specified work in a regional area. A verification check revealed the applicant had not worked at the claimed business.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in her visa application. If non-compliance was established, the Tribunal then had to consider whether, in all the circumstances, the visa should be cancelled.

The Tribunal found that the applicant had indeed failed to comply with section 101(b) of the Act, as she had provided incorrect information about undertaking the required regional work. However, the Tribunal took into account the applicant's explanation for this non-compliance, which included the challenging circumstances of the COVID-19 pandemic, cancelled flights, and her anxiety about returning to England. The Tribunal also considered her critical role as a teacher for high-needs children in Sydney, as evidenced by her employer, and her remorse for her actions.

Having regard to these extenuating circumstances and the applicant's valuable contribution to her community, the Tribunal concluded that the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's Subclass 417 visa.