LIN (Migration)

The Administrative Appeals Tribunal reviewed the decision to cancel the Subclass 500 (Student) visa of the applicant, LIN. The dispute arose from allegations that the applicant had provided incorrect information in a previous visa application, specifically regarding work undertaken in regional Australia, which constituted a breach of section 101(b) of the *Migration Act 1958* (Cth). The applicant did not attend a hearing offered by the Tribunal, and the Tribunal proceeded to make a decision based on the available evidence.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of section 101(b) and section 107A of the Act, and if so, whether the cancellation of the applicant's visa was the appropriate course of action. The Tribunal was required to determine if the notice issued under section 107 of the Act complied with statutory requirements and if the particulars of non-compliance specified in that notice were established.

The Tribunal considered 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 found that the applicant had breached section 101(b) of the Act when applying for a Working Holiday (Extension) (class TZ subclass 417) visa by stating they had undertaken three months of specified work in regional Australia, when evidence later indicated they had never worked for the entity whose Australian Business Number (ABN) was provided. This non-compliance, occurring in relation to a previous visa, was grounds for cancellation of the current visa under section 107A. Despite the applicant's failure to attend the hearing or provide a response to the notice of intention to cancel, the Tribunal was satisfied that the applicant had been given a fair opportunity to present their case.

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