Ullah (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to cancel Mr Haseeb Ullah's Student (Class TU) (Subclass 500) visa. The cancellation was based on allegations that Mr Ullah had provided incorrect information in his visa application and submitted a bogus document, thereby breaching sections 101(b) and 103 of the *Migration Act 1958* (Cth). Mr Ullah claimed that his visa application was prepared and submitted by an agent without his full knowledge or consent, and that he was deceived by this agent.

The primary legal issues before the Tribunal were whether Mr Ullah had indeed failed to comply with sections 101(b) and 103 of the Act, and if so, whether his visa should be cancelled. Section 101(b) requires visa applicants to ensure that no incorrect answers are provided in their application, while section 103 prohibits the provision of bogus documents. A bogus document is defined as one that the Minister reasonably suspects was not issued in respect of the person, is counterfeit or altered without authority, or was obtained due to a false or misleading statement.

The Tribunal found that Mr Ullah had provided incorrect information in his visa application, including stating he had completed a Bachelor of Science in Economics (Honours) when he had not, and had also provided a bogus Certificate of Enrolment for a Master of Applied Economics at the Australian National University. The Tribunal determined that this Certificate of Enrolment was critical to the granting of his Student visa, and that the visa decision was based in part on these incorrect statements and the bogus document. Despite Mr Ullah's explanation that he relied on his father and uncle, who were in turn deceived by an agent, the Tribunal concluded that the grounds for cancellation were made out and that this weighed heavily in favour of affirming the cancellation decision. The Tribunal affirmed the delegate's decision to cancel Mr Ullah's visa.