Akhmedov (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was subject to cancellation. The dispute arose from the applicant's enrolment in courses at a lower Australian Qualifications Framework (AQF) level than that for which the visa was originally granted, and subsequent changes in enrolment and course cancellations.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant maintained enrolment in a registered course that, upon completion, would provide a qualification at the same or a higher AQF level than the course in relation to which the visa was granted. If a breach was found, the Tribunal then considered whether the applicant's visa ought to be cancelled under section 116(1) of the Migration Act 1958 (Cth).

The Tribunal reasoned that the applicant's visa was granted based on enrolment in a Bachelor of Information Technology (AQF Level 7), a Certificate IV in Business, and a Diploma of Information Technology. However, the applicant's enrolment in the Bachelor's course was cancelled, and they subsequently enrolled in a Diploma of Project Management (AQF Level 6) at a different institution. Further enrolment in another Diploma of Project Management was also noted. The Tribunal found that these subsequent enrolments were at a lower AQF level than the original Bachelor's degree, constituting a breach of condition 8202(2)(b). The Tribunal considered the factors for and against cancellation, ultimately concluding that the applicant's visa ought to be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.