CHANG (Migration)

This matter concerned an appeal by the applicant against the cancellation of their Subclass 500 (Student) visa. The dispute arose from information provided by the applicant in a previous application for a Working Holiday (Extension) visa (Class TZ, Subclass 417). The Tribunal, constituted by Senior Member Antoinette Younes, was required to determine whether the applicant had provided incorrect information in their prior visa application and, if so, whether this warranted the cancellation of their current student visa.

The primary legal issue before the Tribunal was whether the applicant had contravened section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect answers in their Working Holiday (Extension) visa application. Specifically, the applicant had stated they had undertaken specified work in regional Australia for a total of three months, providing details of an employer and dates of employment. However, the Department of Home Affairs received advice from the business registered under the provided ABN indicating that the applicant had never worked for them. The Tribunal also considered whether the delegate had issued a valid notice under section 107 of the Act, detailing the alleged non-compliance, and whether the applicant had been afforded an opportunity to respond.

The Tribunal reasoned that section 107A of the Act permits the cancellation of a current visa based on non-compliance in a previous visa application. It found that the notice issued under section 107 complied with statutory requirements and that the applicant had indeed failed to comply with section 101(b) by providing incorrect information regarding their work experience. The Tribunal noted that section 100 of the Act clarifies that an answer is considered incorrect even if the applicant was unaware of its inaccuracy. Having found non-compliance as particularised in the section 107 notice, and having regard to all relevant circumstances, the Tribunal concluded that the cancellation of the applicant's visa was justified.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.