Ahmed (Migration)

This matter concerned an appeal by the applicant against the cancellation of his Subclass 500 (Student) visa. The Minister had cancelled the visa under section 116(1)(b) of the *Migration Act 1958* (Cth) on the ground that the applicant had failed to comply with a condition of his visa, specifically condition 8202(2)(a), which requires a visa holder to be enrolled in a full-time registered course. The applicant's enrolment in a Master of Engineering Degree course was cancelled prior to its commencement date, and he had not subsequently enrolled in any other registered course.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the discretion to cancel the visa should be exercised. The evidence established that the applicant's enrolment was cancelled on 21 May 2018, and he had not enrolled in any other full-time registered course in Australia. Furthermore, correspondence from the University of Queensland indicated that fraudulent academic transcripts had been submitted by the applicant, leading to the cancellation of his Confirmation of Enrolment.

In considering the exercise of discretion, the Tribunal had regard to the applicant's circumstances and relevant departmental policy. The applicant admitted that his enrolment was managed by an agent in Pakistan and that he was not genuinely interested in the Master of Engineering Degree, but rather sought entry into a prestigious university with the intention of switching courses. He also stated he wished to study automotive engineering. However, his international movement records showed he had not returned to Pakistan since arriving, and his PRISMS records indicated he had not commenced any study. The Tribunal found that these factors, along with the discovery of fraudulent transcripts, suggested the applicant was not a genuine student. The applicant's stated intention to return to work in a bank in Pakistan was also noted.

Ultimately, the Tribunal concluded that the applicant's circumstances did not weigh in favour of excusing the non-compliance. Accordingly, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.