Kan (Migration)

This matter concerned the applicant's Subclass 500 (Student) visa, which was cancelled by the Minister. The dispute arose from incorrect information provided in a previous application for a Subclass 417 Working Holiday visa, specifically regarding whether the applicant had undertaken specified work in regional Australia. The Tribunal, constituted by Helen Kroger, was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the cancellation decision should be affirmed.

The primary legal issue was whether the applicant had provided incorrect information in their Working Holiday visa application, thereby breaching section 101(b) of the Act. This breach was alleged to have occurred when the applicant stated they had completed three months of specified work in regional Australia, providing details of an employer that later advised they had not employed anyone under the Working Holiday program. The Tribunal also considered whether the notice issued under section 107 of the Act complied with statutory requirements and whether the applicant's current visa could be cancelled due to non-compliance with a previous visa, pursuant to section 107A of the Act.

The Tribunal reasoned that section 99 of the Act deems any information provided on behalf of a non-citizen to be an answer to a question in their application form, and section 100 clarifies that an answer is incorrect even if the applicant was unaware of its incorrectness. The Tribunal found that the applicant had provided incorrect information regarding their work experience in their Working Holiday visa application, as confirmed by the employer. Despite the incorrect information being provided by a migration agent, the Tribunal held that the applicant was responsible for ensuring the correctness of their application and was complicit in the actions of the agent, having not taken adequate steps to verify the information. Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.