Li (Migration)

This matter concerned the review of a decision to cancel the Subclass 500 (Student) visas of Ms Li and Mr Hsieh. The cancellation was based on alleged non-compliance with the Migration Act 1958 (Cth) concerning information provided in a previous Working Holiday (Extension) (Class TZ subclass 417) visa application. The applicants had claimed to have undertaken specified work in a regional area for at least three months, which was a criterion for the grant of that visa.

The primary legal issues before the Tribunal were whether the applicants had failed to comply with the Act as particularised in the notice of intention to consider cancellation, and if so, whether their visas should be cancelled. Specifically, the Tribunal had to determine if the information provided in the subclass 417 visa application was incorrect, and if this incorrect information was central to the grant of that visa. The Tribunal also considered the circumstances surrounding the non-compliance and whether these warranted the cancellation of the current student visas.

The Tribunal found that the applicants had indeed provided incorrect information in their subclass 417 visa applications, stating they had completed the required regional work when they had not. The Tribunal determined that this incorrect information was central to the grant of the subclass 417 visa, meaning it would not have been granted had the correct information been provided. While the applicants explained their reasons for providing false information, including a desire to remain in Australia and a lack of understanding of Australian immigration law, the Tribunal gave these explanations minimal weight. The Tribunal concluded that the non-compliance was significant and affirmed the delegate's decision to cancel the applicants' Subclass 500 (Student) visas.