Sukhmanpreet Kaur (Migration)

This matter concerned an appeal by Sukhmanpreet Kaur against the decision to cancel her Student (Temporary) (Class TU) visa, subclass 500. The Administrative Appeals Tribunal (AAT) was required to determine whether the delegate had validly exercised the power to cancel the visa under section 109 of the Migration Act 1958 (Cth) and, if so, whether the visa should be cancelled.

The central legal issues before the Tribunal were whether the applicant had failed to comply with sections 101(b) and 103 of the Act, as particularised in the Notice of Intention to Consider Cancellation (NOICC). Specifically, the Tribunal had to assess whether the applicant had provided incorrect information in her visa application regarding her marital status, her father's identity, and her educational qualifications, and whether she had submitted bogus documents in support of her application.

The Tribunal found that the applicant had indeed provided incorrect information and submitted bogus documents. The delegate's assessment that the applicant had breached section 101(b) by stating she was "Never Married" and that she had no other family unit members when she was married to Robinpreet Singh was upheld. Furthermore, the Tribunal agreed that the applicant had breached section 103 by submitting fabricated educational documents from Adesh University, which had confirmed she was not a registered student. The Tribunal concluded that the decision to grant the visa was based on this incorrect information and bogus documentation, which was crucial in assessing her genuine temporary entrant status.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal noted that while the applicant might face detention and removal, she could mitigate this by returning to India.