Methku (Migration)

This matter concerned an appeal by the applicant, Methku, against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 500. The cancellation was based on allegations of providing incorrect information and bogus qualifications in his visa application. The decision was made by a delegate of the Minister and reviewed by the Tribunal.

The primary legal issues before the Tribunal were whether the notice issued under section 107 of the Migration Act 1958 (Cth) complied with statutory requirements, and if so, whether the applicant had indeed failed to comply with sections 101(b) and 103 of the Act as particularised in the notice. These sections broadly require non-citizens to provide correct information in their applications, not to submit bogus documents, and to notify the Department of any incorrect information or changes in circumstances.

The Tribunal found that the delegate had properly formed the necessary state of mind to engage section 107 and that the notice issued was compliant with its statutory requirements. The Tribunal then considered the alleged non-compliance. The applicant had stated in his visa application that he had completed a Diploma of Business at the Australia Information Technology College. However, evidence indicated that the college was de-registered and the qualifications provided were bogus. While the applicant claimed he attended the course and received a certificate, the Tribunal was satisfied that the information provided in the application was incorrect and that the applicant had failed to comply with his obligations under sections 101(b) and 103 of the Act.

Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.