Zhou (Migration)

The Administrative Appeals Tribunal considered the case of Mr Zhou, a national of China, concerning the cancellation of his Subclass 010 (Bridging A) visa. The applicant had been granted a Bridging Visa A in association with an application for a further Subclass 500 Student visa, which was subsequently refused by the Department. The refusal was based on the applicant failing to satisfy criterion PIC 4020(1), which relates to the provision of bogus documents or false or misleading information in a visa application or in relation to a visa held within the preceding 12 months.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) as particularised in the notice issued under section 107, and if so, whether the applicant's Bridging Visa A should be cancelled under section 109 of the Act. Specifically, the Tribunal had to determine if the applicant had provided incorrect answers or bogus documents in his earlier student visa application, which formed the basis for the Department's refusal and subsequent cancellation consideration.

The Tribunal reasoned that section 109 of the Act permits the Minister to cancel a visa if the holder has failed to comply with certain provisions, including sections 101 and 103, which mandate the provision of correct information and the non-submission of bogus documents. The exercise of this power is contingent on the Minister issuing a valid notice under section 107, detailing the alleged non-compliance. In this instance, the Tribunal was satisfied that the notice issued under section 107 complied with statutory requirements and that the applicant had indeed failed to comply with sections 101(b) and 103. This non-compliance related to information provided in his earlier student visa application, including his highest level of education, graduation certificate, and national ID number, which were found to be incorrect or misleading. The Tribunal noted that under section 100, an answer is considered incorrect even if the applicant was unaware of its inaccuracy.

The Tribunal affirmed the decision to cancel the applicant's Subclass 010 (Bridging A) visa.