Nehra (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to cancel the applicant's Subclass 500 (Student) visa. The cancellation was based on allegations that the applicant had provided incorrect information regarding their education and had submitted bogus documents in support of their visa application, thereby contravening sections 101(b) and 103 of the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether the applicant had failed to comply with sections 101(b) and 103 of the Act, as particularised in the notice issued under section 107. Specifically, the Tribunal had to consider whether the applicant provided incorrect answers in their visa application concerning their educational qualifications and whether the academic transcripts submitted were "bogus documents" as defined by the Act.

The Tribunal found that while the applicant had indeed provided incorrect information and bogus documents, and therefore non-compliance with the Act was established, it ultimately concluded that the visa should not be cancelled. The Tribunal considered all relevant circumstances, including the applicant's successful postgraduate study progress in Australia, family financial hardship, and qualifications and work experience in the aged care sector, in reaching its decision. The Tribunal set aside the decision to cancel the visa and substituted a decision not to cancel it.