Buttar (Migration)

This matter concerned an appeal by a visa holder against the cancellation of his Subclass 500 (Student) visa. The cancellation was based on alleged non-compliance with sections 101(b) and 103 of the *Migration Act 1958* (Cth), stemming from incorrect information provided in a previous Visitor visa application. Specifically, the applicant had claimed self-employment and provided a GSTIN Business certificate, which was later deemed not genuine. The applicant contended that this information was provided by his agent without his knowledge.

The Tribunal was required to determine whether the visa holder had indeed failed to comply with the relevant provisions of the Act, as particularised in the notice of cancellation. This involved assessing whether the information provided in the earlier visa application was incorrect or if the document submitted was bogus, and whether the applicant was aware of or responsible for such non-compliance. The Tribunal also had to consider whether, in light of the findings, the discretion to cancel the visa should be exercised.

The Tribunal found that while the notice of cancellation complied with statutory requirements and the applicant's previous Visitor visa application contained incorrect information and a bogus document, the applicant's current circumstances, including supporting his pregnant spouse and child, weighed against cancellation. The applicant's assertion that the false information and document were submitted by his agent without his knowledge was accepted. Consequently, the Tribunal concluded that the visa should not be cancelled.

The decision under review was set aside, and the Tribunal substituted a decision not to cancel the applicant’s Subclass 500 (Student) visa.