Kaur (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by the applicant, Ms Kaur, against the decision to cancel her Subclass 500 (Student) visa. The dispute arose from allegations that the applicant had provided incorrect information in her visa application, specifically regarding her accompanying family member, who was listed as her spouse or de facto partner. The Tribunal was tasked with determining whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether the cancellation of her visa should be affirmed.

The primary legal issues before the Tribunal were whether the applicant had contravened section 101(b) of the *Migration Act 1958* by providing incorrect information in her visa application, and whether the notice issued under section 107 of the Act was valid and complied with statutory requirements. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, weighing the reasons for cancellation against any reasons not to cancel.

The Tribunal found that the notice issued under section 107 was valid and that the applicant had indeed failed to comply with section 101(b). This conclusion was based on evidence suggesting the applicant and the secondary applicant were not in a genuine spousal relationship, having lived separately for four years and with the secondary applicant providing inconsistent information to border force officers regarding their relationship and living arrangements. The Tribunal noted that section 100 of the Act states that an answer is incorrect even if the person did not know it was incorrect. Having found non-compliance, the Tribunal considered the relevant circumstances and concluded that the reasons for cancelling the visa outweighed any reasons not to cancel, including the potential hardship to the applicant in not completing her studies.

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