Abbasi (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by Mr. Abbasi. The Department of Home Affairs had issued a Notice of Intention to Consider Cancellation (NOICC) due to Mr. Abbasi's failure to maintain enrolment in a registered course, thereby breaching condition 8202 of his visa. Mr. Abbasi had ceased to be enrolled in a registered course from January 2021.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, and if so, whether the Tribunal should exercise its discretion to cancel the visa. The Tribunal was required to assess Mr. Abbasi's compliance with visa condition 8202, which mandates enrolment in a full-time registered course and maintenance of enrolment in a course that leads to a qualification at the same or higher level than the original course.

The Tribunal found that Mr. Abbasi had indeed failed to comply with condition 8202(2)(a) as he was not enrolled in a full-time registered course. While acknowledging the applicant's submissions regarding personal difficulties, including the impact of the COVID-19 pandemic, homesickness, and a diagnosed anxiety disorder, the Tribunal weighed these circumstances against the clear breach of visa conditions. The Tribunal noted that while the ground for cancellation did not mandate cancellation, it was required to consider whether to exercise its discretion.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Abbasi's visa. Despite the mitigating factors presented by the applicant, the Tribunal concluded that, on balance and considering all circumstances, the cancellation of the visa was warranted.