ALI (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel Mr Ali's subclass 573 Higher Education Sector visa. The cancellation was based on the applicant not being enrolled in a registered course of study, which was a breach of condition 8202 of the Migration Regulations 1994. The Administrative Appeals Tribunal was required to determine whether the ground for cancellation was made out and, if so, whether the visa should be cancelled.

The Tribunal found that Mr Ali had indeed not maintained enrolment in a registered course from 22 February 2017 onwards, thus failing to comply with condition 8202. However, the Tribunal then considered whether the visa should be cancelled, exercising its discretion in this regard. The applicant had provided detailed reasons for the non-compliance, contending that significant medical conditions, beyond his control, had led to the failure to maintain enrolment.

Applying the principles of administrative review, the Tribunal considered the circumstances surrounding the non-compliance. Despite the breach of the visa condition, the Tribunal was satisfied that the applicant's medical issues were considerable and beyond his control, and that he had otherwise been an exemplary student. Consequently, the Tribunal concluded that the decision to cancel the visa should be set aside.