Abdul Imran (Migration)

This matter concerned the review of a decision by the Department to cancel the Subclass 500 (Student) visa of Mr. Abdul Imran. The applicant, a citizen of Pakistan, was married with a child and had been in Australia on various student visas since 2014. His most recent visa was cancelled on the grounds that he had breached condition 8202 of the Migration Regulations 1994 by not being enrolled in a registered course of study.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2) of his visa, which required him to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the circumstances of the case. The applicant did not dispute that he had not been enrolled in a registered course between 8 February 2022 and 19 October 2022, the period leading up to his enrolment in a Master of Business course.

The Tribunal found that the applicant had indeed breached condition 8202(2) by failing to maintain enrolment in a registered course during the specified period. However, in considering the exercise of discretion regarding cancellation, the Tribunal had regard to the applicant's personal circumstances. These included significant family issues, specifically the serious and prolonged illness of his father in Pakistan, which had caused him considerable distress and delayed his enrolment. The Tribunal also noted the applicant's long history of study in Australia and his subsequent enrolment in a new course, as well as the potential impact on his family unit in Australia, comprising his wife and child who were also in Australia on student visas.

Ultimately, the Tribunal concluded that, when considering all the circumstances, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant’s Subclass 500 (Student) visa.