Hung (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the Subclass 500 (Student) visa held by the applicant, Hung. The dispute arose from allegations that the applicant had provided incorrect information in a previous visa application, specifically regarding specified work undertaken in regional Australia. The applicant did not appear at the hearing before the Tribunal, and no explanation was provided for this absence.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in a prior visa application, and if so, whether the cancellation of the current visa was warranted. Specifically, the Tribunal considered whether the applicant had breached section 101(b) of the Act, which mandates that visa applications must not contain incorrect answers, and section 107A, which allows for the cancellation of a current visa based on non-compliance in a previous visa application.

The Tribunal found that the applicant had indeed provided incorrect information when applying for a Working Holiday (Extension) (class TZ subclass 417) visa. In that application, the applicant stated they had undertaken specified work in regional Australia and provided details including an ABN. However, the owner of that ABN later informed the Department that the applicant had never worked for their business. 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's failure to respond to this notice or attend the hearing, the Tribunal concluded that the non-compliance had occurred as particularised in the notice and that the visa should be cancelled.