Tan (Migration)

This matter concerned an appeal by the applicant, Tan, against the decision to cancel her Subclass 572 Vocational Education and Training Sector visa. The dispute arose from the applicant's failure to declare a previous refusal of entry into Australia on her current visa application. The decision under review was made by the Tribunal, presided over by Michelle East.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in her visa application, specifically in response to a question regarding previous removal, deportation, or exclusion from any country. The Tribunal was required to determine if the notice issued under section 107 of the Act complied with statutory requirements and if the applicant's response constituted non-compliance with section 101(b) of the Act.

The Tribunal reasoned that section 109 of the Act permits the Minister to cancel a visa if the holder has failed to comply with certain provisions, including section 101, which mandates that visa applications must be completed without incorrect answers. The Tribunal found that the notice issued under section 107 was valid and that the applicant's response of "No" to the question about previous refusals of entry was incorrect, as she had been refused entry into Australia in October 2011. The Tribunal noted that section 100 of the Act clarifies that an answer is incorrect even if the applicant was unaware it was incorrect, and section 99 deems information provided to the Minister as an answer to a question in the application form. The applicant admitted to not declaring the refusal because she did not want it to affect her studies.

The Tribunal affirmed the decision to cancel the applicant's visa. The applicant had already returned to Malaysia and was subject to a three-year bar from re-entering Australia.