Kee (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of the applicant, Kee. The dispute arose from allegations that the applicant had provided incorrect information in a previous application for a Working Holiday (Extension) (class TZ subclass 417) visa, specifically regarding undertaking specified work in regional Australia.

The Tribunal was required to determine whether the applicant had indeed failed to comply with section 101 of the Migration Act 1958 by providing incorrect information in their prior visa application. If non-compliance was found, the Tribunal then had to consider whether, in all the relevant circumstances, the applicant's Subclass 500 visa should be cancelled.

The Tribunal found that the applicant had provided incorrect information in their Working Holiday visa application, thereby breaching section 101(b) of the Act. This non-compliance was particularised in the notice issued under section 107 of the Act. However, after considering all relevant circumstances, including the applicant's relationship with their partner, who was also on a student visa and nearing completion of their studies, the Tribunal concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the delegate's decision to cancel the applicant's Subclass 500 (Student) visa and substituted a decision not to cancel the visa.