1615984 (Migration)

This matter concerned an appeal against the cancellation of a Subclass 573 Higher Education Sector visa. The applicant had been included as a dependant on a visa application lodged by their partner, Ms B. The core of the dispute revolved around allegations that the applicant had provided incorrect information in their visa application, specifically in relation to their identity, previous visa applications, and outstanding debts to the Australian government. The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the visa cancellation decision should be affirmed.

The legal issues before the Tribunal were whether the notice issued under section 107 of the *Migration Act* was valid, and whether the applicant had contravened section 101(b) of the Act by providing incorrect answers in their visa application. Section 101(b) mandates that a non-citizen must complete their visa application form such that no incorrect answers are given. The Tribunal considered whether the applicant had, in fact, been known by other names, used a different date of birth, previously applied for Australian visas, had applications refused or visas cancelled, had left a country to avoid removal, or had outstanding debts to the Australian government, as alleged by the Department.

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 their visa application. This conclusion was based on a facial image comparison report which indicated that the applicant was the same person as an individual named Mr C, who had previously applied for a Protection visa that was refused, and who also had an outstanding debt to the Australian government. The Tribunal noted that section 100 of the Act clarifies that an answer is incorrect even if the person did not know it was incorrect. Given these findings, the Tribunal affirmed the decision to cancel the applicant’s visa.