2205345 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant had been granted the visa to undertake tertiary studies in Australia. The dispute arose from the Department's suspicion that the applicant had provided bogus documents in support of his visa application, specifically his father's income tax returns, which were intended to demonstrate genuine access to funds. The review was heard by the Tribunal.

The primary legal issues before the Tribunal were whether the notice of intention to cancel the visa complied with the requirements of section 107 of the Migration Act 1958 (Cth), and if so, whether the applicant had indeed failed to comply with section 103 of the Act by providing bogus documents. Section 109 of the Act permits the Minister to cancel a visa if a visa holder has failed to comply with certain provisions, including section 103, which requires the provision of correct information and prohibits the submission of bogus documents.

The Tribunal considered the applicant's assertion that the submitted tax documents were genuine. However, the Tribunal found that the delegate had formed the necessary state of mind to engage section 107 and that the notice issued under that section was compliant. The Tribunal was satisfied that the non-compliance particularised in the notice, namely the provision of bogus documents contrary to section 103, had occurred. The applicant had submitted his father's Indian Income Tax Returns for the assessment years 2019-20 and 2020-21, along with associated Form Number 16 documents, as evidence of financial support. The Tribunal concluded that the decision to cancel the visa was affirmed.