Kaur (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 500, held by the applicant, Ms Kaur. The delegate of the Minister had decided to cancel the visa on the grounds that the applicant had provided incorrect information in her visa application and had failed to make sufficient proactive attempts to provide correct information.

The Tribunal was required to determine whether the applicant had failed to comply with sections 101(b) and 103 of the *Migration Act 1958* (Cth), which relate to providing correct information in visa applications and not providing bogus documents. The Tribunal also had to consider whether the delegate had properly engaged the cancellation power under section 109 of the Act, including whether a valid notice under section 107 had been issued.

The Tribunal found that the applicant had provided incorrect details regarding her highest level of schooling completed in her visa application lodged on 7 September 2018. Specifically, the applicant stated she had completed Year 12 or equivalent, providing details of her secondary schooling in India. The Tribunal was satisfied that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with statutory requirements. In balancing various factors, including the time elapsed since the non-compliance and the applicant's lack of proactive attempts to correct the information, the Tribunal concluded that the reasons to cancel the visa outweighed the reasons not to.

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