Huang (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa. The dispute concerned whether the applicant had provided incorrect information in her visa application and passenger cards, thereby breaching sections 101 and 102 of the *Migration Act 1958* (Cth).

The Tribunal was required to determine if a valid notice under section 107 of the Act had been issued, and if so, whether the applicant had indeed failed to comply with the requirements of sections 101 and 102. Specifically, the Tribunal had to assess whether the applicant had provided incorrect answers to questions regarding prior convictions and deportation from any country in her visa application and subsequent passenger cards.

The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with statutory requirements. The evidence before the Tribunal indicated that the applicant had declared "no" to questions about prior convictions and deportation on her visa application and incoming passenger cards. However, information before the Department showed that in 2018, the applicant was convicted of conspiracy to defraud United States authorities and was deported from the US. Consequently, the Tribunal concluded that there was non-compliance as particularised in the notice, and that the visa should be cancelled.