Abdul Hameed (Migration)

This matter concerns the Administrative Appeals Tribunal's review of a decision by a delegate of the Minister for Home Affairs to cancel Abdul Hameed's subclass 573 Student (Temporary) visa. Mr. Hameed, a citizen of Pakistan, was granted the visa in May 2016 with an expiry date of August 2018, conditioned on maintaining enrolment and satisfactory progress in a registered course of study, specifically a master's degree in English Language Teaching at La Trobe University. The delegate cancelled the visa on the basis that Mr. Hameed was not enrolled in a registered course of study for a period of approximately ten months, from July 2017 to May 2018, as indicated by the Provider Registration and International Student Management System (PRISMS).

The primary legal issues before the Tribunal were whether the ground for cancellation, namely a breach of visa condition 8202(2)(a) requiring continuous enrolment in a registered course, was established. If this ground was made out, the Tribunal was then required to determine whether, in all the circumstances, the visa should be cancelled. The applicant had previously responded to the Department's intention to cancel his visa, providing explanations for the period of non-enrolment.

The Tribunal considered the applicant's evidence and arguments, including explanations for the gap in his studies. The applicant had experienced significant personal difficulties, including involvement in traffic accidents and subsequent charges for careless driving, which led to mental health issues. These circumstances resulted in requests for course deferments, which were denied. The Tribunal's decision ultimately set aside the delegate's cancellation decision, indicating that the circumstances presented by the applicant were found to be sufficient to warrant this outcome.