Kamboj (Migration)

This matter concerned an appeal by Mr Kamboj against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 500. The cancellation was based on allegations of providing incorrect information and bogus documents in his previous visa applications. The decision was reviewed by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the notice of intention to cancel the visa complied with the requirements of section 107 of the Migration Act 1958 (Cth), and if so, whether Mr Kamboj had indeed failed to comply with sections 101 and 103 of the Act by providing incorrect information and bogus documents in his visa applications. The Tribunal was required to determine if the delegate had properly formed the necessary state of mind to engage section 107 and if the particulars of non-compliance set out in the notice were accurate.

The Tribunal found that the delegate had reached the necessary state of mind and that the notice issued under section 107 complied with statutory requirements. It was established that Mr Kamboj had applied for a Student visa in January 2018 and again in March 2021. The notice of intention to cancel raised concerns about non-compliance with sections 101(b) and 103, specifically alleging that Mr Kamboj provided counterfeit educational documents with his January 2018 application. While Mr Kamboj stated he had obtained the level of education but not to as high a standard as indicated by the documents, the Tribunal was satisfied that the non-compliance as particularised in the notice had occurred.

The Tribunal affirmed the delegate's decision to cancel Mr Kamboj's visa.