Andal (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Bridging A (Class WA) visa of the applicant, Mr Andal. The cancellation was based on the same information that led to the refusal of his subclass 500 Student visa application. The applicant was an unlawful non-citizen at the time of the review.

The Tribunal was required to determine whether the applicant had failed to comply with section 101(b) of the Migration Act 1958, which mandates that a non-citizen must complete their application form without providing incorrect answers. The Tribunal also had to consider whether, having found non-compliance, the visa should be cancelled, as this power is discretionary under section 109(1) of the Act.

The Tribunal found that the applicant had provided incorrect information in a previous visa application regarding his name and a prior visa refusal. While section 100 of the Act makes it clear that ignorance of the incorrectness of an answer is irrelevant, the Tribunal considered the circumstances. It noted that the incorrect information meant the assessing officer could not consider the applicant's immigration history, which is a relevant factor in assessing the genuineness of an applicant. However, the Tribunal ultimately concluded that, having regard to all relevant circumstances, the visa should not be cancelled.

The Tribunal set aside the decision to cancel the applicant's Bridging A visa and substituted a decision not to cancel it.