Student Visa Cancelled Due to Incorrect Information Provided on Previous Visa Application
The Applicant, a citizen of Taiwan, came to Australia on 18 September 2014 as the holder of a Subclass 417 Working Holiday visa. The applicant was granted a further Working Holiday visa on 22 September 2015. On 20 October 2016 he was granted a Subclass 500 Student visa to study in Australia. In his second working holiday visa applications, the applicant claimed he had earlier worked on a regional farm for three months. However, the Department received information from the owner of the farm advising that the employment claim was false.
The Department of Home Affairs (the Department) cancelled the applicant’s student visa on the basis that the applicant did not comply with s.101(b) of the Migration Act by providing incorrect answers when applying for a previous visa. The applicant applied to the Administrative Appeals Tribunal (AAT) for a review of the decision.
The Applicant claimed that he did complete work on the farm, but the employer does not have knowledge of his work since he had dealt with a third-party agent. However, the AAT did not find this credible and the applicant was unable to provide any independent evidence of his employment, either by way of electronic records or paperwork, claiming it had been lost after moving.
The AAT had to decide whether there were grounds for cancelling the visa and, if so, whether the visa should be cancelled.
The Tribunal noted that the previous visa would not have been granted if the applicant had correctly answered ‘no’ to the question about whether he completed regional work.
The Tribunal found that the applicant had provided incorrect answers in their visa application and further, having weighed the evidence and considered all the relevant circumstances, concluded that the visa should be cancelled.
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