Ahmad (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant had been enrolled in a Bachelor of Information Systems at Holmes Institute but had ceased to be enrolled in a registered course of study for a substantial period. The Department had cancelled the applicant's visa on the grounds that he had breached a condition of his visa by not being enrolled in a registered course.

The Tribunal was required to determine whether the applicant had breached a condition of his visa and, if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to consider the applicant's claim that a medical condition prevented him from studying and that he had sought a deferral from his educational provider. The Tribunal also had to assess the adequacy of the medical documentation provided by the applicant and the response from his educational provider to his deferral request.

In its reasoning, the Tribunal found that the applicant had been in continuous breach of condition 8202(2) of his visa for approximately 11 months, from 27 April 2018 to 26 March 2019, as he was not enrolled in a registered course of study during that period. While acknowledging the applicant's stated medical issues, the Tribunal found the provided medical documentation to be insufficient to justify a prolonged absence from study, particularly given the educational provider's request for further information. The Tribunal also noted the applicant's failure to seek further medical treatment or provide updated medical evidence for the remainder of 2018. Having found a breach of a visa condition, the Tribunal then considered the discretion to cancel the visa, taking into account all the circumstances of the case.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, being satisfied that the cancellation was warranted.