ARIF (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of ARIF, an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was subject to cancellation. The dispute arose because the applicant was not enrolled in a registered course, a condition of his visa. The AAT was tasked with determining whether the ground for cancellation was established and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal was required to assess whether the applicant had failed to take reasonable steps to maintain his enrolment and whether the circumstances leading to this failure were beyond his control. Furthermore, the AAT had to consider the applicant's subsequent actions, including his re-enrolment in a course of study while holding a bridging visa and his academic progress in that new course, in exercising its discretion regarding cancellation.

In its reasoning, the Tribunal found that the ground for cancellation under s 116(1)(b) of the Migration Act 1958 (Cth) was established. While acknowledging the applicant's submissions regarding personal difficulties in Bangladesh impacting his studies, the Tribunal concluded that these circumstances were not beyond his control and that he had not taken reasonable steps to manage his enrolment. However, the Tribunal placed significant weight on the applicant's subsequent commitment to his studies, evidenced by his re-enrolment in a Bachelor of Business Information Systems course in 2018 and his demonstrated good academic progress since then. The Tribunal also accepted that the applicant had the necessary financial resources to support himself and pay his course fees.

Ultimately, the Tribunal set aside the decision under review. It exercised its discretion not to cancel the applicant's visa, finding that his subsequent actions and commitment to completing his course weighed heavily in favour of this outcome.