Yang (Migration)

This matter concerned an appeal by the applicant, Mr. Yang, against the decision of the delegate of the Minister to cancel his Subclass 500 (Student) visa. The cancellation was based on the applicant's non-compliance with his previous visa conditions, specifically by providing incorrect information on his application for a second Working Holiday visa. The applicant had claimed to have completed three months of specified work in regional Australia during his first Working Holiday visa, which was not true, and this incorrect information was provided by a former agent.

The Administrative Appeals Tribunal was required to determine whether the applicant had provided incorrect information in relation to his Working Holiday visa application, and if so, whether the Minister's discretion to cancel the applicant's Subclass 500 (Student) visa was exercised correctly. The Tribunal also considered the factors for and against cancellation in light of the applicant's circumstances.

The Tribunal found that the applicant had indeed provided incorrect information on his Working Holiday visa application, as defined by section 100 of the *Migration Act 1958*, which states that an answer is incorrect even if the applicant did not know it was incorrect. The Tribunal then considered the discretion to cancel the visa under section 109 of the Act. It weighed the seriousness of providing false information against the applicant's subsequent compliance and his stated intention to complete his studies.

Ultimately, the Tribunal affirmed the delegate's decision to cancel the applicant's Subclass 500 (Student) visa. The Tribunal concluded that the delegate had properly considered the relevant factors and that the cancellation was a reasonable exercise of discretion.