Adhikari (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr. Adhikari, who sought review of the Minister's decision to cancel his Subclass 500 (Student) visa. The cancellation was based on Mr. Adhikari's criminal convictions and his breach of visa condition 8202, which relates to enrolment in a course of study. The Tribunal also considered whether a document provided by Mr. Adhikari was a "bogus" document.

The primary legal issue before the Tribunal was whether the grounds for visa cancellation under section 116(1)(g) of the *Migration Act 1958* (Cth) were established. This section permits the Minister to cancel a visa if satisfied that a prescribed ground applies, which in this instance, was regulation 2.43(1)(oa) of the *Migration Regulations 1994* (Cth). This regulation prescribes that a temporary visa may be cancelled if the holder has been convicted of an offence against a law of the Commonwealth, a State, or Territory. A secondary issue was whether the Tribunal should exercise its discretion to cancel the visa, considering all relevant circumstances.

The Tribunal found that Mr. Adhikari had been convicted of seven offences in Newcastle Local Court on 28 November 2019, including offences related to dishonesty and deception. These convictions satisfied the prescribed ground for cancellation under section 116(1)(g) and regulation 2.43(1)(oa). The Tribunal then considered its discretion, noting Mr. Adhikari's desire to complete his IT studies. However, it found that a letter of offer he provided from SBTA was questionable due to inconsistencies in dates, and Mr. Adhikari's explanation for this discrepancy was unsatisfactory. The Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr. Adhikari's Subclass 500 (Student) visa.