2208364 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 500 (Student) visa. The applicant had been granted the visa to undertake a Master of [subject] degree. The cancellation decision was made by a delegate of the Minister, who alleged that the applicant had provided incorrect information in his visa application, specifically in relation to his highest level of schooling and his educational history.

The primary legal issues before the Tribunal were whether the notice issued under section 107 of the *Migration Act 1958* (Cth) complied with the statutory requirements, and if so, whether the applicant had indeed failed to comply with section 101 of the Act as particularised in that notice. The Tribunal was also required to consider whether, having found non-compliance, the visa should be cancelled, taking into account all relevant circumstances.

The Tribunal found that the section 107 notice was valid and that the applicant had provided incorrect information in his visa application, contrary to section 101(b) of the Act. This non-compliance related to the applicant stating he had completed secondary school (Year 12 or equivalent) and also providing details of a Bachelor of Computer Application degree, which the delegate considered to be inconsistent or incorrect in the context of the application. The Tribunal considered various factors relevant to the cancellation decision, including the mandatory consequences of cancellation such as potential detention and restrictions on future visa applications, as well as the applicant's stated intention to apply for a protection visa. The Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.