Simran (Migration)

This matter concerned an appeal by Simran against the cancellation of her Student (Temporary) (Class TU) visa, Subclass 500 (Student). The cancellation was based on the delegate's finding that the applicant had provided incorrect information and bogus documents in her visa application, contravening sections 101(b) and 103 of the *Migration Act 1958* (Cth), and that the visa was granted based on this non-compliant information. The Tribunal was required to determine whether the delegate's decision to cancel the visa was correct.

The Tribunal considered the circumstances surrounding the non-compliance, noting that the applicant's migration agent had allegedly provided false information regarding her tertiary education details without her knowledge or consent. Evidence presented included the applicant's statement of purpose, which did not mention the disputed courses, and discrepancies in the application details such as an incorrect email address and mobile number, and the agent's misrepresentation of the applicant's study history and location. The Tribunal weighed these factors against the fact that the visa was granted partly on incorrect information and bogus documents.

Ultimately, the Tribunal found that the reasons not to cancel the visa outweighed the reasons for cancellation. It concluded that the false and misleading information was provided by the applicant's agent, not by the applicant herself, and that she had no knowledge of these false submissions. The Tribunal set aside the decision to cancel the visa and substituted a decision not to cancel it, while requesting the Department to continue monitoring the applicant's compliance.