Anttal (Migration)

This matter concerned the review of a decision by the Department of Home Affairs to cancel the Student (Temporary) (Class TU) visa, subclass 500, held by the applicant, Gurbinder Anttal. The applicant, an Indian national, had been granted the visa on 19 August 2021. The Department's decision to cancel the visa was based on findings that the applicant had provided incorrect information in his visa application, specifically regarding his previous identity and history of visa refusals.

The primary legal issues before the Tribunal were whether there had been non-compliance with the requirements of section 101(b) of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107, and if so, whether the visa should be cancelled. The non-compliance alleged was that the applicant had failed to disclose that he was previously known by the name Vishvjeet, that he had previously had a Partner visa application refused in that name, and that he had not disclosed holding or having had a visa to Australia or any other country.

The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with statutory requirements. The Tribunal was satisfied that the applicant, under the name Vishvjeet, had a Partner visa application refused in 2017, which was affirmed on review in 2018. After departing Australia, the applicant changed his name, acquired a new passport, and subsequently applied for and was granted the Student visa under his current identity, Gurbinder Anttal, answering "No" to questions about being known by other names and having had previous visa refusals. The Tribunal concluded that the applicant had intentionally used an alias, obtained a new travel document, and provided incorrect information in his Student visa application, constituting non-compliance with section 101(b) of the Act.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.