Tadakamalla (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr Sandeep Tadakamalla's Student (Temporary) (Class TU) visa, subclass 500. The delegate of the Minister had cancelled the visa under section 109 of the *Migration Act 1958* (Cth) on the grounds that Mr Tadakamalla had provided incorrect information and a bogus document in his visa application, thereby failing to comply with sections 101(b) and 103 of the Act. The Tribunal was required to determine whether the delegate's decision to cancel the visa should be affirmed.

The primary legal issues before the Tribunal were whether Mr Tadakamalla had provided incorrect answers in his visa application and whether he had provided a bogus document. Specifically, the Tribunal had to assess whether a bank loan letter submitted as evidence of financial capacity was genuine and whether the information provided in the application regarding his financial situation was accurate. The Tribunal also had to consider the circumstances of the non-compliance and the applicant's present circumstances in determining whether to affirm the cancellation.

The Tribunal found that Mr Tadakamalla had provided a bank loan letter from the State Bank of India, dated 5 June 2017, which indicated a sanctioned education loan of Rs. 23,00,000. However, verification checks by the Department confirmed that no such loan had been sanctioned by the bank, and the document was deemed "FAKE & FABRICATED." The Tribunal concluded that the visa grant was based partly on this bogus document and incorrect information provided in the application regarding his financial capacity. The Tribunal also noted that Mr Tadakamalla's enrolment in his course had been cancelled due to non-payment of fees.

Having considered all the relevant circumstances, including the deliberate provision of a bogus document and incorrect information, the Tribunal found that the reasons for cancelling the visa outweighed any reasons not to cancel. Accordingly, the Tribunal affirmed the decision to cancel Mr Tadakamalla's Subclass 500 (Student) visa.