Tseng (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 500 (Student) visa. The applicant had failed to attend the hearing before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had contravened section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect information in a previous visa application, and if so, whether the decision to cancel the applicant's current visa should be affirmed. This involved determining if the notice issued under section 107 of the Act complied with statutory requirements and if the applicant's previous conduct constituted non-compliance as particularised in that notice.

The Tribunal found that the applicant had breached section 101(b) of the Act when applying for a Working Holiday (Extension) (Class TZ Subclass 417) visa. Specifically, the applicant had responded "Yes" to having undertaken specified work in regional Australia for three months, providing details of employment. However, the owner of the Australian Business Number (ABN) provided later confirmed that the applicant had never worked for that entity. The Tribunal was satisfied that the notice issued under section 107 of the Act was valid and complied with statutory requirements. It also noted that section 100 of the Act provides that an answer is incorrect even if the applicant did not know it was incorrect, and section 107A allows for non-compliance in a previous visa application to be grounds for cancellation of a current visa.

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