Ahmad (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel the subclass 500 student visa of Mr. Ahmad, a citizen of Pakistan. Mr. Ahmad had been granted the visa in August 2017, valid until May 2020, to complete a Bachelor of Accounting degree. This was his fifth student visa, having resided in Australia as a student since 2011. The delegate cancelled the visa on the grounds that Mr. Ahmad had failed to maintain enrolment in a registered course of study, a condition of his visa.

The Tribunal was required to determine whether the ground for cancellation was established and, if so, whether the visa should be cancelled. Specifically, the Tribunal considered whether Mr. Ahmad had breached condition 8202(2)(a) of his visa, which mandated full-time enrolment in a registered course. The delegate identified a period of over five months, from 18 February 2019 to 29 July 2019, during which Mr. Ahmad was allegedly not enrolled.

The Tribunal noted that Mr. Ahmad had responded to a notification of intention to cancel his visa and did not dispute the allegation that he was not enrolled during the specified period. The Tribunal's decision affirmed the delegate's decision to cancel the visa.