People with immigration experience at the airport remember that small piece of paper-the exit / entry passenger registration form: whether you are leaving or entering the country, you need to fill in a slap-sized note if you have any contraband, and how much cash you have. Prepare for the question of where to live in the future. Don't underestimate this entry and exit registration form: if inaccurate information is found on the airport, your visa may be cancelled.
Mr. Sun's case
Mr. Sun arrived in Australia through student signature in January 2011; After the student visa expired, he applied for a short-term working visa in April 2015. In August 2015, Mr. Sun was preparing to return to the airport to board the plane. The answer to "No" is included in the question "is there a total carrying amount equal to or greater than 10,000 Australian dollars in cash or foreign currency equivalent" in the exit passenger registration form. At the time of baggage inspection, Mr. Sun was found to have more than 24, 000 Australian cash in his luggage. Mr. Sun admitted that he had provided incorrect information. The Migration Board accordingly cancelled Mr. Sun's short-term employment visa. Mr Sun protested and appealed to the immigrant court in 2015.
Judgement of immigrant court
Immigration court first confirms that according to Section 3 C of Chapter 2 of the Immigration Act, the entry and exit passenger registration card is one of the immigration documents. Immigration court then decided that even if incorrect information was not the key to the immigration agency's previous approval, the immigration agency could cancel the visa under section 109 of the immigration law. Although Mr Sun claims he does not know how much cash he is carrying, immigrant court believes that as long as the violator objectively commits an illegal act, it is sufficient to find it illegal. The subjective consciousness of the lawbreakers-it doesn't matter if they know exactly how much cash they're carrying. In deciding whether to exercise the power to cancel a visa, the immigration court must take into account the overall personal status of the signer according to Section 2.41 of the Immigration Code. But immigrant court thinks Mr. Sun's personal condition is not ideal.
During the trial, the immigrant court found that Mr. Sun had a criminal record of three counts, that he was still on parole at the time of his departure in August 2015, and that the judge of the criminal court who convicted Mr. Sun found in his judgement that Mr. Sun was "of a very low moral standard". These materials have led the Immigration Service to cancel Mr. Sun's visa. Mr. Sun claims that he now holds a short-term working visa and that if his visa is cancelled, he may not be able to find a job in China and be under economic pressure. Immigrant court, while endorsing Mr. Sun's argument, believes that the circumstances of the case in favour of visa cancellation are far greater than the circumstances of not cancelling the visa. Finally, the immigrant court decided in March 2018 that the decision to cancel Mr. Sun's visa was correct, and Mr. Sun lost the case.
epilogue
Wang Wenbo, a lawyer for immigration law, said the March 2018 case provided the most up-to-date case law basis for the immigration authorities to cancel visas based on incorrect information provided in the immigration passenger registration form. In particular, the illegal behavior of "as long as objective behavior exists and subjective consciousness does not consider" makes the reason of "inadvertently filling in the wrong" untenable, which aggravates the responsibility of the information provider. Mr. Wang reminded readers not to provide false information when filling out an entry-exit passenger registration form at the airport. If a visa has been granted and the incorrect information in the small registration form becomes his Achilles heel, the visa will be rejected, and the gains will outweigh the loss.