Chahal (Migration)

The Administrative Appeals Tribunal considered whether to affirm the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by the applicant. The dispute arose from the applicant's visa application, which contained allegedly incorrect information regarding his employment history and an accompanying offer of employment letter that was later found to be bogus.

The Tribunal was required to determine if the applicant had failed to comply with section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect answers in his visa application and declarations, and if he had failed to comply with section 103 of the Act by providing a bogus document. The Tribunal also had to consider whether the visa cancellation decision should be affirmed, taking into account various prescribed and additional circumstances relevant to the exercise of discretion.

The Tribunal found that the applicant had provided incorrect information in his visa application by stating he was employed by Sapphire Foods India PVT Ltd and had declared this information to be complete and correct. Furthermore, the Tribunal found that the Offer of Employment letter from Sapphire Foods India Ltd was a bogus document, as confirmed by a company representative. The Tribunal rejected the applicant's submission that he was not responsible due to relying on a migration agent, noting that the applicant had a responsibility to check the documents submitted. The Tribunal considered various factors regarding the discretion to cancel the visa, including potential hardship and mandatory legal consequences, but found these did not outweigh the grounds for cancellation.

The Tribunal concluded that the applicant had failed to comply with sections 101(b) and 103 of the Act as particularised in the notice issued under section 107. Accordingly, the Tribunal affirmed the decision to cancel the applicant's visa.