1618298 (Migration)

This matter concerned an appeal by a visa holder against the cancellation of their Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The dispute arose from allegations that the applicant had provided incorrect answers on their visa application form, specifically failing to disclose a previous removal from Australia and the use of a false identity. The decision under review was made by the Tribunal, presided over by Member David McCulloch.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with section 101(b) of the *Migration Act 1958* by providing incorrect answers on their visa application, and consequently, whether the Minister's delegate had validly exercised the power to cancel the applicant's visa under section 109 of the Act. A related procedural issue concerned whether any defects in the section 107 notice, which particulars the alleged non-compliance, were sufficient to set aside the cancellation decision, or if such defects were cured on review.

The Tribunal found that the applicant had indeed provided incorrect answers on their visa application form, failing to disclose their previous removal from Australia and the use of a false identity. The Tribunal applied section 101(b) of the Act, which mandates that visa applications must be completed without incorrect answers, and section 99, which deems information provided to the Minister as an answer to a question in the application form. The Tribunal was satisfied that the section 107 notice complied with statutory requirements and that any procedural defects were cured on review. The Tribunal concluded that the grounds for cancellation outweighed any hardship caused to the applicant.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 572 Vocational Education and Training Sector visa.