1927352 (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by the applicant. The dispute arose from allegations that the applicant had provided incorrect information and a bogus document in support of his visa application, leading to the Minister's delegate cancelling his visa.

The Tribunal was required to determine whether the applicant had failed to comply with sections 101 and 103 of the Migration Act 1958. Specifically, the Tribunal had to assess whether the applicant provided incorrect answers in his visa application form and whether he presented a bogus document, namely a Family Registration Certificate, to the Department. The Tribunal also had to consider whether the notice issued under section 107 of the Act complied with statutory requirements and whether the visa should be cancelled having regard to all relevant circumstances.

The Tribunal found that the notice issued under section 107 of the Act was valid and complied with the statutory requirements. It further determined that the applicant had indeed failed to comply with sections 101 and 103 of the Act. This non-compliance stemmed from discrepancies between the information provided in the visa application regarding his family members and the Family Registration Certificate submitted, which did not list all his siblings. The Tribunal was satisfied that the Family Registration Certificate was a bogus document, as it was counterfeit or altered. Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.