HUANG (Migration)

This matter concerned an appeal by the applicant, Ms. Huang, against the cancellation of her Subclass 187 Regional Sponsored Migration Scheme visa. The visa had been granted based on her nomination for the occupation of Café or Restaurant Manager. The grounds for cancellation arose from allegations that the applicant had provided false and misleading information and bogus documents in her visa application, specifically relating to a Diploma of Hospitality certificate and employment reference letters. The Administrative Appeals Tribunal was tasked with determining whether the cancellation decision was valid.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with sections 101(b) and 103 of the *Migration Act 1958* (Cth), as particularised in the notice of intention to cancel her visa. Section 101(b) requires that no incorrect answers be given in a visa application, while section 103 prohibits the provision of bogus documents. The Tribunal was confined to considering only the grounds for non-compliance as set out in the notice issued under section 107 of the Act.

The Tribunal found that while there was evidence suggesting potential grounds for cancellation, it was constrained by the specific allegations detailed in the notice of intention to cancel. The notice had particularised the alleged non-compliance as providing false details about completing a Diploma of Hospitality at Evolution System for Training and Development and submitting bogus documents, including the diploma, academic transcript, and work reference letters. Despite the delegate's concerns regarding the applicant's studies and work experience, the Tribunal concluded that the grounds for cancellation as described in the notice had not been established. Consequently, the Tribunal set aside the decision to cancel the visa.