Outcome
Permanent residency restored after the Administrative Review Tribunal set aside the visa cancellation
Special Circumstances
Visa cancellation proceedings were initiated following allegations about documents prepared by the employer, despite the client having no knowledge of any irregularities.
Our client’s permanent residency was at risk after the Department sought to cancel their Subclass 186 visa, alleging incorrect information and ‘bogus’ documents had been provided by their employer. We demonstrated that our client had no knowledge of any irregularities, supported by strong evidence of genuine employment. The Administrative Review Tribunal accepted our submissions and restored our client’s permanent residency.
The Challenge
Several years after our client was granted a Subclass 186 Employer Nomination Scheme visa, the Department sought to cancel their permanent residency, alleging incorrect information had been provided and that documents were ‘bogus‘. Although the allegations centred on the employer’s conduct, the consequences were significant: losing permanent residency and the future their family had built in Australia.
Kindra's Approach
- Identified that the central issue was whether the employer’s conduct could legally be attributed to our client.
- Built a detailed evidence brief with payslips, employment records and witness statements proving genuine employment.
- Demonstrated the disputed documents were prepared by the employer and that our client had no knowledge of any alleged irregularities.
- Showed the employment ended because of redundancy rather than misconduct and reinforced our client’s credibility through detailed submissions and Tribunal preparation.
The Outcome
The Tribunal accepted our submissions, found our client had not provided incorrect information or bogus documents, and set aside the cancellation, restoring their permanent residency.
Need help with a visa cancellation? Speak with Kindra Migration Lawyers to understand your options and the best path forward.