Aghedo (Migration)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa. The dispute concerned whether the grounds for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) were made out, and if so, whether the discretion to cancel the visa should be exercised. The applicant had been granted the visa shortly after applying, and subsequent departmental investigations revealed that locally engaged staff at the Australian High Commission in Pretoria may have improperly processed a cohort of student visas, including the applicant's, potentially due to corruption and bypassing standard procedures.

The Tribunal was required to determine if the ground for cancellation under section 116(1)(g) of the Act, as prescribed by regulation 2.43(1)(o) of the Migration Regulations 1994, was satisfied. This regulation pertains to fraudulent conduct by any person. The Tribunal also had to consider whether, having found the ground for cancellation to exist, it should exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal reasoned that the evidence, including a departmental investigation report and associated documents, established that the applicant's visa was granted improperly due to the actions of departmental employees who bypassed procedures. While the applicant had complied with her visa conditions, achieved satisfactory academic results, and had significant personal ties in Australia, including a marriage to a permanent resident and the birth of a child, the Tribunal found these factors did not outweigh the seriousness of the visa being granted through fraudulent means. The Tribunal noted that the applicant and her partner were aware of the temporary nature of her visa and the potential consequences of its expiry, and that the prospect of separation would be a matter for consideration in their separate partner visa application.

Ultimately, the Tribunal concluded that the ground for cancellation was established and, after considering all circumstances, exercised its discretion to affirm the decision to cancel the applicant's Subclass 500 (Student) visa.