Ahmed (Migration)

The Administrative Appeals Tribunal considered the case of an applicant holding a Student (Temporary) (Class TU) visa, subclass 500. The applicant's visa was subject to cancellation under section 116(1) of the Migration Act 1958 (Cth) due to alleged breaches of visa conditions. The primary grounds for the potential cancellation were the applicant's cessation of enrolment in a registered course for an extended period and a recent criminal conviction.

The central legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth), which mandates maintaining enrolment in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the applicant's visa, having regard to the circumstances presented. The applicant contended that his non-enrolment was due to circumstances beyond his control, including mental health issues, relationship breakdown, and the impact of COVID-19 lockdowns, and that he intended to complete his studies.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) of the Regulations, as he had not been enrolled in a registered course for over a year. While acknowledging the applicant's submissions regarding personal difficulties and his expressed intention to study, the Tribunal noted his frank admission that he had no interest in the new course he had enrolled in and primarily wished to work in Australia. The Tribunal considered the letter of support from his employer but concluded that it did not constitute a compelling reason for him to remain in Australia, as the purpose of his visa was for study, not employment.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. The Tribunal concluded that, despite the applicant's desire to remain in Australia and work, this was not the purpose for which his visa was granted, and the circumstances did not warrant the exercise of discretion to allow him to retain his visa.