Nomula (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Subclass 500 (Student) visa. The dispute arose from allegations that the applicant had provided incorrect information in his visa application, specifically regarding previous employment details, and had submitted a bogus document. The decision was made by Gabrielle Cullen, a Member of the Tribunal.

The legal issues before the Tribunal were whether the notice issued under section 107 of the Migration Act 1958 complied with statutory requirements, whether there had been non-compliance with sections 101(b) and 103 of the Act as particularised in the notice, and if so, whether the visa should be cancelled. The applicant contended that the false employment details were submitted by his agent without his knowledge.

The Tribunal considered the applicant's oral confirmation that he did not work at Sanyam Infotech and that this information was provided by his agent without his knowledge. The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with the statutory requirements. It was determined that the applicant had provided incorrect information in his application form, constituting non-compliance with section 101(b) of the Act, and that the information provided was in relation to a bogus document, contravening section 103. The Tribunal affirmed the decision to cancel the applicant's visa.