LIN (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr. Lin's Student (Temporary) (Class TU) visa, Subclass 500. The delegate had decided to cancel the visa under section 109 of the *Migration Act 1958* (Cth) on the grounds that Mr. Lin had provided incorrect information and a bogus document in his visa application, thereby contravening sections 101(b) and 103 of the Act.

The Tribunal was required to determine whether Mr. Lin had provided incorrect answers in his visa application and whether he had presented a bogus document. Specifically, the Tribunal had to assess if the British Columbia Certificate of Graduation submitted by Mr. Lin was counterfeit or had been altered, and if the educational history provided in his application was accurate. Furthermore, the Tribunal needed to consider whether to exercise its discretion to cancel the visa, weighing the reasons for cancellation against any reasons not to cancel.

The Tribunal found that Mr. Lin had provided incorrect information by stating he had completed Year 12 at Surrey Connect in Canada, and had submitted a bogus document, the British Columbia Certificate of Graduation, which appeared to be counterfeit due to discrepancies in the signature and print quality. The Tribunal noted that Mr. Lin did not attempt to correct the information provided and attributed the error to an agent. In considering the discretion to cancel, the Tribunal gave no weight to factors such as the time elapsed since the non-compliance, Mr. Lin's subsequent behaviour, or any contributions to the community, finding that the deceptive behaviour posed a significant risk to the integrity of Australia's migration system.

Having found non-compliance under section 108 of the Act, and having considered all relevant matters under regulation 2.41, the Tribunal concluded that the reasons for cancelling the visa outweighed the reasons not to cancel. Accordingly, the Tribunal affirmed the delegate's decision to cancel Mr. Lin's Subclass 500 (Student) visa.