Bhatti (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Bhatti, who sought review of the Minister's decision to cancel his Subclass 573 Higher Education Sector visa. The dispute arose because Mr. Bhatti was no longer enrolled in a registered higher education course, having changed his enrolment to vocational courses, which the delegate found constituted a breach of his visa conditions.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) existed, specifically whether Mr. Bhatti had failed to comply with a condition of his visa. This condition, 8516, required him to continue to satisfy the criteria for the grant of the visa, which included being enrolled in a principal course of a kind specified for the subclass. The Tribunal also had to consider whether, if the ground for cancellation was established, the visa should be cancelled, exercising its discretion in light of all relevant circumstances.

The Tribunal reasoned that Mr. Bhatti's visa was granted based on his enrolment in a higher education course, as stipulated by subclause 573.231 of Schedule 2 to the Migration Regulations 1994. Evidence from the Provider Registration and International Student Management System (PRISMS) indicated that Mr. Bhatti ceased to be enrolled in a higher education course from 20 April 2016. Despite receiving a Notice of Intention to Consider Cancellation and providing a response, Mr. Bhatti did not dispute the grounds for cancellation but rather offered reasons why his visa should not be cancelled. The Tribunal found that Mr. Bhatti had breached condition 8516 by ceasing to be enrolled in the required higher education course and that he had not taken adequate steps to ensure compliance. While acknowledging the significance of visa cancellation, the Tribunal considered the purpose of the visa, the extent of the breach, and the applicant's lack of compelling reasons to remain in Australia.

On balance, the Tribunal concluded that the visa should be cancelled and affirmed the delegate's decision.