CHEN (Migration)

This matter concerned an appeal by Mr Xinguang Chen against the cancellation of his Subclass 500 (Student) visa. The Department of Home Affairs had cancelled the visa on the grounds that Mr Chen had provided incorrect information and a bogus document in his visa application, contrary to sections 101(b) and 103 of the *Migration Act 1958* (Cth). The Administrative Appeals Tribunal was required to determine whether the decision to cancel the visa should be affirmed.

The primary legal issues before the Tribunal were whether Mr Chen had provided incorrect answers in his visa application and whether he had provided a bogus document. Specifically, the Tribunal had to consider whether Mr Chen's claim of having completed a Bachelor of Business in Economics at Auckland University of Technology, supported by a certificate, constituted an incorrect answer or a bogus document, given that an integrity check by the Department found no record of his graduation. The Tribunal also had to consider the discretionary factors for and against cancelling the visa under regulation 2.41 of the *Migration Regulations 1994* (Cth).

The Tribunal found that Mr Chen had provided incorrect information by stating he had completed a bachelor's degree when no record of his graduation existed. It also found that the attached certificate was a bogus document. The Tribunal considered various factors under regulation 2.41, including the applicant's subsequent behaviour, the time elapsed since the non-compliance, and any contributions to the community. It noted that Mr Chen did not attend the hearing and attributed the error to his visa agent, but concluded that the use of an agent did not exempt him from his own obligations. The Tribunal found that the seriousness of the deceptive behaviour posed a significant risk to the integrity of Australia's migration system, and that the reasons for cancellation outweighed any reasons not to cancel.

Consequently, the Tribunal affirmed the decision to cancel Mr Chen's Subclass 500 (Student) visa.