Aljaroudi (Migration)

This matter concerned an appeal by Mr Aljaroudi against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose because Mr Aljaroudi was not enrolled in a registered course for a significant period, thereby breaching a condition of his visa. The Tribunal was required to determine whether Mr Aljaroudi had indeed breached condition 8202 of the Migration Regulations 1994 and, if so, whether to exercise its discretion to cancel his visa.

The Tribunal found that Mr Aljaroudi had breached condition 8202 as he was not enrolled in a course between 12 December 2015 and 13 October 2016. Despite this breach, the Tribunal considered the applicant's circumstances in exercising its discretion regarding visa cancellation. Mr Aljaroudi provided evidence of his struggles with his studies since arriving in Australia in 2008, including financial difficulties and academic challenges. He also detailed delays in obtaining a scholarship, which he claimed led to his non-compliance and caused him significant stress. Furthermore, he presented an offer for a Bachelor of Engineering degree commencing in 2018.

In reaching its decision, the Tribunal had regard to the matters raised by Mr Aljaroudi and relevant government policy guidelines. It noted that two of his brothers had died and that reinstating his scholarship if he returned to Saudi Arabia would be difficult. Considering these compassionate circumstances, the academic offer he had received, and the difficulties with his scholarship, the Tribunal concluded that the visa should not be cancelled. Consequently, the Tribunal set aside the decision to cancel Mr Aljaroudi's visa and substituted a decision not to cancel it.