Maninder Singh (Migration)

The Administrative Appeals Tribunal (AAT) considered whether to affirm the cancellation of Mr. Maninder Singh's Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on allegations of non-compliance with the Act, specifically providing incorrect information in his visa application and supporting documents regarding his employment history. The AAT was required to determine if Mr. Singh had indeed failed to comply with the relevant provisions of the Migration Act 1958 (Cth) and, if so, whether the discretion to cancel his visa should be exercised.

The Tribunal's reasoning focused on the discrepancy between the information Mr. Singh provided in his visa application and the information later obtained by the Department of Home Affairs from his employer. Mr. Singh claimed to have worked as a Guest Relation Officer from 1 January 2019, supported by a reference letter and payslips. However, his employer later advised the Department that he was employed as a chef from January 2020 and was paid by bank deposit, not cash as indicated on the payslips. The Tribunal found this later information from the employer to be more credible, particularly Ms. Kaur's confirmation of the commencement date and the applicant's role as a chef. Consequently, the Tribunal concluded that Mr. Singh had provided incorrect information regarding his employment position, commencement date, salary, and mode of payment, thereby failing to comply with his obligations under section 101(b) of the Act.

The Tribunal also considered the discretionary factors relevant to visa cancellation under section 109 of the Act. It noted that while cancellation could lead to Mr. Singh becoming an unlawful non-citizen and facing difficulties in obtaining future visas, these were intended consequences of cancellation. No international obligations or best interests of children were found to be breached. The Tribunal gave no weight to the potential hardship to Mr. Singh, as he had not claimed asylum and his stated hardship related to his inability to complete studies and secure better employment in India. The Tribunal was satisfied that the notice of intention to consider cancellation complied with statutory requirements and that the non-compliance was established. Therefore, the Tribunal affirmed the decision to cancel Mr. Singh's visa.