Muzakkir (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of the applicant, Mr. Muzakkir. The cancellation was based on allegations of providing bogus documents, specifically bank documents, in support of his visa application.

The Tribunal was required to determine whether Mr. Muzakkir had failed to comply with the provisions of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107 of the Act. This involved assessing whether the bank documents submitted were "bogus" as defined by section 5(1) of the Act, and if so, whether this constituted a failure to comply with section 101(b) (providing incorrect answers) or section 103 (providing bogus documents).

The Tribunal found that while the delegate had engaged section 107 and issued a compliant notice, the core issue was whether the applicant had actually failed to comply with the Act. The applicant had stated in his visa application that he would fund his studies through a loan from the State Bank of India, which required confirmation of his visa grant before it would be finalised. The Tribunal concluded that it was not satisfied that there was non-compliance by the applicant in the manner described in the section 107 notice. Consequently, the discretionary power to cancel the applicant's visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Muzakkir's Subclass 500 (Student) visa.