Akom (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Subclass 500 (Student) visa. The applicant’s visa was cancelled under section 116(1)(g) of the *Migration Act 1958* (Cth) and regulation 2.43(1)(o) of the *Migration Regulations 1994* (Cth), on the basis that the delegate reasonably suspected the visa had been obtained as a result of fraudulent conduct. The applicant contended that they had no knowledge of or involvement in any fraudulent conduct, that they met the visa criteria, and that discretionary factors, including significant hardship, should lead to the visa not being cancelled.

The Tribunal was required to determine whether the ground for cancellation was established and, if so, whether the discretion to cancel the visa should be exercised. The applicant argued that their visa application was handled improperly by a Departmental employee, and that they paid a sum of money to a relative for assistance with the application, without their knowledge of any wrongdoing. The applicant submitted various documents to support their claims, including confirmations of enrolment, financial records, and statements.

In its reasoning, the Tribunal affirmed that the Notice of Intention to Consider Cancellation was correctly framed. It found that the ground for cancellation, namely a reasonable suspicion that the visa was obtained as a result of fraudulent conduct by a Departmental employee, was established. The Tribunal then considered whether to exercise its discretion to cancel the visa, having regard to the applicant's submissions, including their completion of studies and intention to continue studying, which weighed against cancellation. However, the Tribunal also gave significant weight to the fact that the visa was granted in contravention of established Departmental procedures, which undermined the integrity of the Australian student visa program, weighing in favour of cancellation.

Ultimately, the Tribunal concluded that, considering all the circumstances, the decision to cancel the applicant's Subclass 500 (Student) visa should be affirmed.