2313641 (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Subclass 500 (Student) visa. The dispute arose from allegations that the applicant had provided incorrect information and bogus documents in their visa application, specifically concerning their access to sufficient funds for their stay in Australia. The case was heard by Gabrielle Cullen, Senior Member, of the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether the notice issued by the Minister under section 107 of the Migration Act 1958 complied with the statutory requirements. Secondly, if the notice was valid, whether the applicant had indeed failed to comply with sections 101 and 103 of the Act, as particularised in the notice, by providing incorrect information and bogus documents. The Tribunal also had to consider whether, in light of any non-compliance, 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 applicant had stated in their application that they had access to sufficient funds, supported by their parents' income and fixed deposits, and had declared that all information provided was complete and correct. However, verification checks indicated that the fixed deposit was fraudulent, and the father had subsequently withdrawn funds. While the applicant's mother and uncle were later identified as supporters, the Tribunal concluded that this did not overcome the initial incorrect information and bogus documents provided in the application. The Tribunal applied the principles that an answer is incorrect even if the applicant was unaware of its incorrectness, and that providing a bogus document or false information constitutes non-compliance under sections 101 and 103 of the Act.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 500 (Student) visa, finding that there had been non-compliance as described in the notice given under section 107 of the Act. Having regard to all relevant circumstances, the Tribunal concluded that the visa should be cancelled.