Gagandeep Kaur (Migration)

This matter concerned an appeal by Gagandeep Kaur against the cancellation of her Subclass 500 (Student) visa. The cancellation was based on allegations of non-compliance with sections 101(b) and 103 of the *Migration Act 1958* (Cth), specifically that she had provided incorrect information and a bogus document in a previous Visitor visa application. The Tribunal was required to determine whether the notice of cancellation complied with statutory requirements and, if so, whether there had been non-compliance and if the visa should be cancelled.

The Tribunal considered whether the notice issued under section 107 of the Act met the statutory requirements and found that it did. The core issue then became whether the applicant had indeed failed to comply with section 101(b) (providing no incorrect answers) and section 103 (not providing a bogus document) in her prior Visitor visa application, where she had stated she was employed. The Tribunal noted that section 100 of the Act provides that an answer is incorrect even if the applicant was unaware of the inaccuracy.

Ultimately, the Tribunal set aside the decision to cancel the applicant's visa. While acknowledging the non-compliance identified in the previous application, the Tribunal exercised its discretion not to cancel the current visa. This decision was made after considering the applicant's present circumstances, including her course nearing completion and the impending birth of her second child, and finding that these factors weighed against cancellation.