HO (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 500 (Student) visa of the applicant, HO (Migration). 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(b) of the *Migration Act 1958* (Cth) by providing incorrect answers in their visa application. Specifically, the Tribunal had to assess if the applicant's claim of having undertaken specified work in regional Australia for a total of three months was false, and if so, whether this constituted a ground for cancellation of their current student visa under section 109 of the Act. The Tribunal also considered whether the notice issued by the Department under section 107 of the Act was valid and complied with statutory requirements.

The Tribunal found that the applicant had stated they had undertaken specified work in regional Australia in their Working Holiday visa application, providing specific dates and an Australian Business Number (ABN). However, the owner of that ABN later informed the Department that the business had not employed anyone under the Working Holiday program. The Tribunal was satisfied that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with statutory requirements. Despite the applicant's claim of being misled about visa requirements and experiencing poor conditions, the Tribunal concluded that the applicant had breached section 101(b) by providing incorrect information, and that section 107A of the Act was applicable, allowing for the cancellation of a current visa based on non-compliance with a previous visa application.

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