Abdul Rehman (Migration)

This matter concerned an application to affirm the decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant had been enrolled in a Master of Advanced Engineering (AQF Level 9) but subsequently enrolled in a Diploma of Leadership and Management (AQF Level 5) and a Bachelor of Agribusiness (AQF Level 7). The cancellation was based on the applicant's failure to maintain enrolment in a registered course that would provide a qualification at the same or a higher level than the course for which the visa was granted, thereby breaching condition 8202(2)(b) of the *Migration Regulations 1994* (Cth).

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) of the *Migration Regulations 1994* and, if so, whether the Tribunal should exercise its discretion to affirm the cancellation of the visa. The applicant contended that he was unaware of the requirement to maintain enrolment at the same or a higher AQF level and that he lacked the necessary English language proficiency for his initial Master's course. He also raised concerns about reliance on an agent and the impact of COVID-19 travel restrictions.

The Tribunal found that the applicant had not complied with condition 8202(2)(b) as he had not maintained enrolment in a course at the same or a higher AQF level than his original Master's degree. The Tribunal held that it was the applicant's responsibility to be aware of and comply with his visa conditions. While acknowledging the applicant's stated intention to study and his desire to remain in Australia to support family members during the pandemic, the Tribunal concluded that these reasons did not constitute a compelling need to remain in Australia, particularly as the purpose of a student visa is to study, not to provide care.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.