2302773 (Migration)

This matter concerned the review of a decision to cancel the Student (Temporary) (Class TU) visa, subclass 500, held by the applicant. The dispute arose from allegations that the applicant had provided incomplete and incorrect information, as well as a bogus document, in his visa application. The decision was reviewed by the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the notice of intention to cancel the visa complied with the requirements of section 107 of the Migration Act 1958 (Cth). It also had to consider whether the applicant had failed to comply with sections 101 and 103 of the Act, as particularised in the notice, and if so, whether the visa should be cancelled.

The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with the statutory requirements. The non-compliance identified related to the applicant's failure to provide correct information and the provision of a bogus document. Evidence indicated that the applicant had previously travelled and held visas under a different name and date of birth, and that this information was not disclosed to the Department when he applied for his current visa as a secondary applicant with his spouse. The Tribunal noted that the application was completed by his partner and an agent, who advised changing the passport and date of birth. The Tribunal concluded that this prevented the Department from assessing the relationship and the applicant's genuine temporary entrant status. While the applicant raised issues of emotional distress, mental health, and hardship, the Tribunal did not place weight on allegations concerning his behaviour towards his ex-spouse after their marriage breakdown, viewing this information as biased and untested. The Tribunal affirmed the decision to cancel the visa.