Lyu (Migration)

The Administrative Appeals Tribunal considered the cancellation of Ms Lyu's Student (Temporary) (Class TU) visa (Subclass 500). The dispute arose from incorrect information provided by Ms Lyu in a previous application for a Working Holiday (Extension) visa (Subclass 417), where she claimed to have been employed by a specific business for a period of three months in regional Australia, which she later admitted was not true.

The Tribunal was required to determine whether the notice of intention to cancel Ms Lyu's visa complied with section 107 of the Migration Act 1958, and if so, whether there had been non-compliance with section 101 of the Act, which mandates that visa applications must be correct. The Tribunal also had to consider whether, in light of any established non-compliance, the visa should be cancelled under the discretionary power provided by section 109 of the Act.

The Tribunal found that the notice issued under section 107 was valid and that Ms Lyu had indeed failed to comply with section 101 by providing incorrect information regarding her employment in her Working Holiday visa application. Ms Lyu admitted that she had not been employed by the specified business for the stated period and that the employment details had been arranged by an agent. In exercising its discretion under section 109, the Tribunal considered the circumstances of the non-compliance, noting that the incorrect information was central to the granting of the previous visa.

The Tribunal affirmed the decision to cancel Ms Lyu's Student visa.