Thakur (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the applicant's Subclass 500 (Student) visa. The dispute arose from allegations of non-compliance with provisions of the *Migration Act 1958* (Cth) concerning visa applications.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with sections 101 and 103 of the Act, as particularised in the notice issued under section 107, and if so, whether the visa should be cancelled. Section 101 requires that visa applications be completed accurately, with all questions answered and no incorrect answers provided, while section 103 prohibits the provision of bogus documents. A bogus document is defined as one that is counterfeit, altered without authority, or obtained through a false or misleading statement.

The Tribunal reasoned that the notice issued under section 107 complied with statutory requirements and that the delegate had reached the necessary state of mind to engage this provision. Upon reviewing the applicant's Student visa application lodged on 12 July 2017, the Tribunal was satisfied that the applicant had indeed failed to comply with sections 101 and 103 of the Act in the manner specified in the notice. Consequently, the Tribunal concluded that the visa cancellation was warranted.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.