Wilson (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by the applicant, Wilson, against a decision to cancel his Working Holiday (Temporary) visa (Subclass 417). The dispute arose from allegations that the applicant provided incorrect information in his visa application concerning specified work undertaken in regional Australia.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the Migration Act 1958 (Cth) by providing incorrect answers in his visa application, and if so, whether his visa should be cancelled. The Tribunal was required to determine if the notice issued under section 107 of the Act, which particularised the alleged non-compliance, was valid and if the applicant's responses constituted incorrect answers as defined by the Act.

The Tribunal found that the notice issued under section 107 of the Act was valid and that the applicant had indeed provided incorrect information in his visa application, specifically regarding the completion of at least six months of specified work in regional Australia. Section 101(b) of the Act mandates that visa applicants must not provide incorrect answers, and section 100 clarifies that an answer is incorrect even if the applicant was unaware of its inaccuracy. Despite finding non-compliance, the Tribunal, after considering all relevant circumstances, concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 417 (Working Holiday) visa.