Sherchan (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of the applicant, Mr. Sherchan. The cancellation was based on allegations that the applicant had provided incorrect information regarding his family composition in his visa application and had submitted a bogus document, specifically a Certificate of Relationship. The Tribunal was tasked with determining whether the applicant had indeed failed to comply with the relevant provisions of the *Migration Act 1958* (Cth) and, if so, whether the visa should be cancelled.

The legal issues before the Tribunal were whether the applicant had contravened sections 101 and 103 of the *Migration Act 1958* (Cth). Section 101 requires a non-citizen to complete their visa application form such that all questions are answered and no incorrect answers are provided. Section 103 prohibits the provision of bogus documents. The Tribunal considered whether the applicant's assertion that Sukh Devi SHERCHAN was his mother, supported by a Certificate of Relationship, constituted an incorrect answer or a bogus document, given that the applicant's biological mother was identified as Gita Tulachan.

The Tribunal found that while the delegate had issued a valid notice under section 107 of the Act, the applicant's visa should not be cancelled. The Tribunal noted that the applicant had provided information identifying Sukh Devi SHERCHAN as his mother, along with a Certificate of Relationship. However, subsequent investigations revealed that Gita Tulachan was the applicant's biological mother and that the Certificate of Relationship's authenticity could not be verified. Despite these findings, the Tribunal concluded that, having regard to all relevant circumstances, the decision to cancel the visa should be set aside.

The Tribunal set aside the delegate's decision and substituted a decision not to cancel the applicant's Subclass 500 (Student) visa.