Wong (Migration)

This matter concerned an appeal by Mr. Hok Nang Wong against the decision to cancel his Student (Temporary) (Class TU) visa (Subclass 500). The dispute arose from allegations of non-compliance with the *Migration Act 1958* (Cth) concerning information provided in a previous Working Holiday (Extension) visa application. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Mr. Wong had failed to comply with section 101(b) of the Act by providing incorrect answers in his Working Holiday visa application, and if so, whether his Student visa should be cancelled.

The Tribunal considered whether Mr. Wong had provided incorrect information in his application for a Working Holiday (Subclass 417) visa, specifically regarding his claim of having undertaken three months of specified regional work. Section 101(b) of the Act mandates that a non-citizen must fill in their application form such that no incorrect answers are given. Section 107A of the Act clarifies that non-compliance in a previous visa application can be grounds for cancelling a current visa. The Tribunal noted that the obligation to have undertaken specified regional work was a core eligibility criterion for the Working Holiday visa, and its grant was contingent on this information.

The Tribunal found that Mr. Wong had provided incorrect answers in his Working Holiday visa application, including stating he had worked for a specific company (ABN 79165239305) for a defined period, which departmental records indicated was untrue. Despite submissions suggesting Mr. Wong may have lacked understanding of Australian laws or relied on incorrect advice from a migration agent, the Tribunal expressed significant scepticism. It found it implausible that Mr. Wong would not have been aware of the incorrect information, particularly given the detailed, yet false, particulars provided in the application. The Tribunal concluded that Mr. Wong had not demonstrated that he was unaware of the incorrect information or that he had corrected it promptly. Consequently, the Tribunal affirmed the decision to cancel Mr. Wong's Subclass 500 Student visa.