YU (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 500 (Student) visa. The applicant had failed to appear at a scheduled telephone hearing concerning the visa cancellation.

The primary legal issue before the Tribunal was whether the delegate had validly exercised the power to cancel the applicant's visa under section 109 of the Migration Act 1958. This involved determining if the applicant had failed to comply with the relevant provisions of the Act, specifically regarding the provision of correct information in visa applications, and if the notice issued under section 107 of the Act was valid and complied with statutory requirements. The Tribunal also considered whether it had afforded the applicant a fair opportunity to participate in the review process.

The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued under that section complied with its statutory requirements. The Tribunal was satisfied that it had provided the applicant with a fair opportunity to attend the scheduled telephone hearing, which was deemed reasonable given the circumstances of the COVID-19 pandemic and the Tribunal's objectives. Despite sending hearing reminders via SMS, the applicant did not attend the hearing and provided no explanation for this non-attendance. Consequently, the Tribunal concluded that there had been non-compliance as described in the section 107 notice and that the visa cancellation should be affirmed.

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