2309285 (Migration)

This matter concerned an appeal against the cancellation of the Applicant's Subclass 030 (Bridging C) visa. The dispute arose from allegations that the Applicant had provided incorrect information in relation to previous criminal convictions, illegal entry into another country, and overstaying a visa in that country. The Applicant argued that these issues, if known, would have impacted their business and led to financial hardship, and that they had been subjected to indefinite detention. The decision was reviewed by Bridget Cullen, Senior Member, of the Tribunal.

The primary legal issue before the Tribunal was whether the Applicant had failed to comply with sections 101(b) and 102(b) of the Migration Act 1958, which require visa applicants to provide correct information and not to provide bogus documents. This non-compliance was particularised in a notice issued under section 107 of the Act, which the delegate considered grounds for cancelling the Applicant's visa under section 109. The Tribunal was required to determine if the notice issued under section 107 complied with statutory requirements and if the alleged non-compliance had occurred.

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 Applicant conceded that they had provided incorrect information regarding a 2013 conviction in another country for producing a controlled drug, their subsequent removal from that country, and their residential and travel histories. The Applicant explained this omission was due to fear of being sent back to their country of origin due to past involvement in protests. The Tribunal considered the Applicant's submissions, statutory declarations, and various documents relating to criminal matters, traffic offences, and business ventures. Having regard to all the circumstances, the Tribunal concluded that there had been non-compliance as described in the section 107 notice and that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the Applicant’s Subclass 030 (Bridging C) visa.