Shih (Migration)

This matter concerned an appeal by the applicant, Shih, against the cancellation of his Subclass 572 Vocational Education and Training Sector student visa. The dispute arose from alleged non-compliance with the *Migration Act 1958* (Cth) during his visa application process. The decision was made by David McCulloch, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the *Migration Act*, which requires that no incorrect answers be given in a visa application form. Specifically, the Tribunal had to determine if the applicant had provided false or misleading information regarding his previous names and history of removal from Australia when applying for his student visa. The Tribunal also considered 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 reasoned that the applicant had indeed failed to comply with section 101(b) of the Act. Evidence showed that the applicant had previously been known as Po-ken SHIH, had been removed from Australia on 23 December 2013, and incurred a three-year exclusion period. Despite this history, in his application for the Subclass 572 visa, he had not disclosed this previous name or his removal, instead providing an alias and answering negatively to questions about prior removal or exclusion from Australia. The Tribunal found that the notice issued under section 107 complied with statutory requirements and that the applicant had provided incorrect answers, which is sufficient for non-compliance regardless of whether the applicant knew the answers were incorrect.

The Tribunal affirmed the decision to cancel the applicant's visa.