HAN (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 500 (Student) visa. The dispute arose from allegations that the applicant had provided incorrect information in a previous application for a Working Holiday (Extension) (Class TZ, Subclass 417) visa.

The Tribunal was required to determine whether the applicant had failed to comply with section 101 of the Migration Act 1958 by providing incorrect answers in their previous visa application. Specifically, the Tribunal had to assess whether the applicant's assertion of having undertaken specified work in regional Australia for three months, supported by an ABN and employment dates, was accurate, and if not, whether this constituted a breach of the Act that warranted visa cancellation.

The Tribunal found that the applicant had indeed breached section 101(b) of the Act. This conclusion was based on evidence received from the business registered under the provided ABN, which stated that the applicant had not been employed by them. The Tribunal was satisfied that a valid notice under section 107 of the Act had been issued to the applicant, detailing the alleged non-compliance. Despite the applicant being granted a student visa based on the earlier, allegedly incorrect, information, the Tribunal determined that the non-compliance identified in the section 107 notice was established.

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