Abdelhadi (Migration)

This matter concerned an appeal by Ms. Abdelhadi against the cancellation of her Subclass 500 (Student) visa. The Department of Home Affairs had initiated cancellation proceedings on the grounds that Ms. Abdelhadi had failed to maintain enrolment in a registered full-time course, thereby breaching visa condition 8202(2)(a) of the Migration Regulations 1994. The Administrative Appeals Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered whether the applicant had failed to comply with the requirement to be enrolled in a full-time registered course. Ms. Abdelhadi had a history of multiple course enrolments and cancellations, including a previous certificate course and subsequent diploma and advanced diploma courses, for reasons including non-payment and non-commencement. The Tribunal also had regard to the applicant's submissions concerning her mental health, the impact of COVID-19 restrictions, and her future business plans in her home country.

In its reasoning, the Tribunal found that the ground for cancellation under s 116(1)(b) of the Migration Act 1958 was established. While acknowledging the significant impact of visa cancellation, the Tribunal, after balancing all the circumstances, concluded that the discretion to cancel the visa should be exercised. The Tribunal affirmed the decision to cancel Ms. Abdelhadi's visa.