Kaur (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 500 (Student) visa. The applicant had applied for the visa, which was granted, and subsequently, the Minister considered cancelling the visa under section 109 of the *Migration Act 1958* (Cth) due to alleged non-compliance with sections 101 and 103 of the Act. The non-compliance related to the provision of incorrect information and a bogus document concerning financial capacity for the applicant's stay in Australia.

The legal issues before the Tribunal were whether the notice issued under section 107 of the Act complied with statutory requirements, whether there was indeed non-compliance as particularised in the notice, and if so, whether the visa should be cancelled. The applicant had initially claimed that her former partner prepared the application and that she was unaware of the specific document, which purported to show funds held by her father in a specific bank. She later conceded that the information provided was incorrect and the document was bogus.

The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with the statutory requirements. The Tribunal considered the applicant's concession that the information was incorrect and the document was bogus, which constituted non-compliance with sections 101 and 103 of the Act. The Tribunal affirmed the decision to cancel the visa, finding that the provision of a fraudulent document and incorrect information regarding financial capacity were serious breaches of the visa application requirements.

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