Muthoni (Migration)

This matter concerned the review of a decision to cancel the Subclass 500 (Student) visa of the applicant, Ms. Muthoni. The dispute arose from incorrect information provided in her visa application, specifically regarding her passport and nationality, which were stated as Norwegian when they were in fact Kenyan. The applicant had engaged an overseas education agent to assist with her application.

The Administrative Appeals Tribunal was required to determine whether the applicant had failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect answers in her visa application. The Tribunal also had to consider whether the delegate had properly engaged the cancellation power under section 109 of the Act, including the issuance of a valid notice under section 107.

The Tribunal found that the applicant did not dispute that her original application contained incorrect information regarding her nationality and passport. While the applicant claimed her agent advised her that the Department had made a mistake and that it would be corrected, the Tribunal found the emails provided as evidence to be unconvincing. Crucially, the Tribunal noted that section 100 of the Act provides that an answer is incorrect even if the person did not know it was incorrect. The Tribunal was satisfied that the notice issued under section 107 complied with statutory requirements and that the applicant had not demonstrated compliance with section 101.

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