1706880 (Migration)

This matter concerned an appeal by a visa holder against the decision to cancel their Subclass 572 (Vocational Education and Training Sector) Student (Temporary) visa. The dispute arose from allegations that the applicant had provided a bogus document and incorrect information in their visa application, specifically a National Diploma in Science Laboratory Technology from Lagos State Polytechnic, which was later advised by the institution to be a forged document. The Tribunal was required to determine whether the applicant had failed to comply with section 103 of the Migration Act 1958, which prohibits the provision of bogus documents, and if so, whether the visa cancellation was warranted.

The Tribunal considered the provisions of section 109 of the Act, which permits the Minister to cancel a visa if the holder has failed to comply with certain sections, including section 103. It was established that the notice issued under section 107 of the Act complied with statutory requirements and that the delegate had reached the necessary state of mind to engage this power. Crucially, the applicant conceded that they had never attended Lagos State Polytechnic and that the diploma provided was indeed a fake document. The Tribunal applied the definition of a "bogus document" under section 5(1) of the Act, which includes documents obtained because of a false or misleading statement.

The Tribunal affirmed the decision to cancel the applicant's visa. It found that the applicant had provided a bogus document, constituting non-compliance with section 103 of the Migration Act 1958, as particularised in the section 107 notice. Having regard to all relevant circumstances, the Tribunal concluded that the visa should be cancelled.