Diep (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the visa of Duy Trat Diep. The dispute arose from information provided in his mother's visa application, where he was listed as an adult dependent student. Adverse information suggested he was working full-time, contrary to his claims of being fully committed to his studies. The Tribunal was required to determine whether Mr. Diep had provided incorrect information in his visa application, thereby breaching section 101(b) of the Migration Act 1958 (Cth), and whether the delegate had correctly exercised their discretion to cancel his visa.

The Tribunal found that Mr. Diep had provided incorrect information in his visa application. Specifically, his university transcript indicated he had not engaged in any course requirements from June 2010, contradicting his statements that he was studying full-time and unable to work due to his demanding academic schedule. This applied to his claims of full-time study at Hong Bang International University, his unemployment due to study commitments, and his intention to concentrate on his studies rather than seek work. The Tribunal concluded that these statements were false, constituting non-compliance with the requirement for visa applications to be correct.