Gourav (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 500 (Student) visa. The applicant had provided an incorrect answer regarding their past culinary employment history in their visa application and had submitted documents purporting to evidence this employment which were later found to be bogus. The applicant argued that their agent had provided the incorrect information and bogus documents without their knowledge, and highlighted their positive study history in Australia, having successfully completed a Diploma of Business.

The Tribunal was required to determine whether the applicant had failed to comply with sections 101(b) and 103 of the Migration Act 1958, which relate to providing correct information and not submitting bogus documents, respectively. The Tribunal also had to consider whether, having found non-compliance, the visa should be cancelled. The notice issued under section 107 of the Act particularised the alleged non-compliance as providing incorrect employment details and submitting bogus appointment and experience letters from Hotel Mohali Residency.

The Tribunal found that the notice issued under section 107 complied with statutory requirements and that the delegate had reached the necessary state of mind to engage the section. While the Tribunal was satisfied that non-compliance with sections 101(b) and 103 had occurred, as the Department's integrity checks indicated the applicant had not been employed by Hotel Mohali Residency and the supporting documents were not genuine, it ultimately concluded that the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's visa, having regard to all the relevant circumstances.