Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, who sought review of a decision to cancel her Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on the ground that Ms Kaur had provided a bogus document, specifically a matriculation certificate, in support of her visa application.

The Tribunal was required to determine whether Ms Kaur had failed to comply with section 103 of the Migration Act 1958 (Cth) by providing a bogus document. If non-compliance was established, the Tribunal then had to consider whether to exercise its discretion under section 109(1) of the Act to cancel the visa, having regard to the applicant's response to the notice of non-compliance and any prescribed circumstances under regulation 2.41 of the Migration Regulations 1994.

The Tribunal found that Ms Kaur had indeed failed to comply with section 103 by providing a bogus document. In exercising its discretion regarding cancellation, the Tribunal considered the serious nature of providing incorrect information and a bogus document, which it found was a significant factor in the original visa grant. The Tribunal also noted that the applicant had claimed to be a victim of an unethical agent and had provided information regarding genuine access to funds, but these factors did not outweigh the finding of providing a bogus document. The Tribunal affirmed the decision to cancel the visa.