Adahosa (Migration)

The Administrative Appeals Tribunal considered the case of Adahosa, a Nigerian citizen holding a Subclass 500 (Student) visa. The dispute arose when the applicant's enrolments in two courses were cancelled due to non-payment of fees, leading to a potential breach of condition 8202 of his visa and consideration for cancellation under section 116(1) of the Migration Act 1958 (Cth).

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa, which requires a student visa holder to be enrolled in a full-time registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had indeed not complied with condition 8202(2)(a) as he was not enrolled in a full-time registered course between August 2022 and June 2023. However, in considering the exercise of discretion regarding cancellation, the Tribunal had regard to the applicant's personal circumstances. These included his wife's impending childbirth and her need for his support, which constituted a compelling need for him to remain in Australia. The Tribunal also noted the applicant's strong desire to obtain qualifications in Australia for his career advancement and self-esteem, and his new enrolment in a relevant course with sufficient funds.

Ultimately, the Tribunal concluded that, considering the totality of the circumstances, the decision to cancel the applicant's visa should be set aside. The Tribunal substituted a decision not to cancel the applicant's Subclass 500 (Student) visa.