KANG (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Subclass 500 (Student) visa. The applicant had previously been granted a Working Holiday (Extension) visa (Subclass 417) based on information provided in their application. The Department later received advice that contradicted this information, leading to the cancellation of the applicant's current student visa.

The Tribunal was required to determine whether the applicant had failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect information in their application for the Subclass 417 visa. The Tribunal also had to consider whether the notice issued under section 107 of the Act complied with statutory requirements and whether, having found non-compliance, the visa should be cancelled.

The Tribunal found that the applicant had breached section 101(b) of the Act by answering "Yes" to the question regarding specified work in regional Australia and providing details that were later found to be false, as the business registered under the provided ABN stated the applicant had never worked for them. The Tribunal was satisfied that the notice issued under section 107 complied with the Act and that the applicant had been given an opportunity to respond but failed to do so. Applying section 109 of the Act, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.