Yang (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa. The dispute arose from allegations that the applicant had provided incorrect information in a previous visa application, leading to the cancellation of their current student visa.

The Tribunal was required to determine whether the applicant had failed to comply with section 101 of the Migration Act 1958 by providing incorrect information in their application for a Working Holiday (Extension) (class TZ subclass 417) visa. It also had to consider whether section 107A of the Act was applicable, which allows for the cancellation of a current visa based on non-compliance in relation to a previous visa. Finally, the Tribunal needed to assess if the notice of intention to consider cancellation issued by the Department complied with the statutory requirements and if the visa should be cancelled.

The Tribunal found that the applicant had breached section 101(b) of the Act by stating they had undertaken specified work in regional Australia for a total of three months, when evidence later emerged that they had not worked for the entity identified by the provided ABN. This non-compliance in the earlier visa application rendered section 107A applicable. The Tribunal was satisfied that the notice issued under section 107 of the Act was valid and that the applicant had indeed provided incorrect information.

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