KUO (Migration)

This matter concerned the review of a decision to cancel the applicant's Subclass 500 (Student) visa. The applicant had previously been granted a Working Holiday (Extension) (Class TZ subclass 417) visa based on information provided in her application. The Department later received advice that the applicant had not undertaken the specified work in a regional area as claimed in that application. This led to the delegate issuing a Notice of Intention to Consider Cancellation (NOITCC) under section 107 of the Migration Act 1958, alleging non-compliance with sections 101 and 107A of the Act. The applicant did not respond to this notice, and the delegate proceeded to cancel her Subclass 500 visa. The Administrative Appeals Tribunal was asked to determine whether there had been non-compliance as particularised in the notice and, if so, whether the visa should be cancelled.

The Tribunal was required to determine if the applicant had provided incorrect information in her Working Holiday (Extension) visa application, thereby breaching section 101(b) of the Act, which mandates that visa applications must be completed without incorrect answers. Furthermore, the Tribunal had to consider whether this non-compliance, occurring in relation to a previous visa, could serve as a ground for cancelling her current Subclass 500 visa under section 109 of the Act, as contemplated by section 107A. The Tribunal also needed to be satisfied that the section 107 notice issued by the delegate was valid and complied with the statutory requirements.

The Tribunal found that the applicant had indeed provided incorrect information when she stated she had undertaken specified work in regional Australia for her Working Holiday (Extension) visa application. This conclusion was based on advice received from the business listed by the applicant, which confirmed she had never worked for them. The Tribunal was satisfied that the delegate had formed the necessary state of mind to engage section 107 and that the notice issued complied with the statutory requirements. Having found non-compliance as described in the section 107 notice, and having regard to all relevant circumstances, the Tribunal concluded that the applicant's Subclass 500 visa should be cancelled.

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