1934930 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of the applicant. The applicant had initially enrolled in a Bachelor of Early Childhood Education and Care at AQF level 7, but this enrolment was cancelled. Subsequently, the applicant enrolled in lower-level related courses, including a Diploma of Nursing, which she presented as an avenue for entry into a Bachelor of Nursing program. The cancellation was based on the applicant not being enrolled in a registered course at the required AQF level for a significant period.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether to exercise its discretion to cancel the visa. The applicant acknowledged that the ground for cancellation, namely not being enrolled in a course at the required AQF level, was made out. Therefore, the Tribunal's focus shifted to considering the discretionary power to cancel the visa, taking into account all relevant circumstances.

The Tribunal considered the applicant's stated purpose for studying in Australia, which was to improve healthcare standards in Nepal, supported by her passion for nursing and a personal example of inadequate healthcare in her home country. The applicant had completed vocational qualifications and was progressing through a Diploma of Nursing, with no history of non-enrolment or unsatisfactory course progress. While acknowledging the applicant's desire to study and the potential impact of cancellation on her life goals, the Tribunal found the evidence against cancellation to be slightly stronger than the evidence in favour. The Tribunal noted the applicant's honesty about the comparative benefits of studying in Australia versus Nepal.

Ultimately, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel her Subclass 500 (Student) visa.