Bilawal (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of an applicant, a citizen of Pakistan, whose Subclass 500 (Student) visa was cancelled by the Department of Home Affairs. The dispute arose because the applicant had not been enrolled in a relevant course of study for approximately nine months, a breach of his visa conditions. The applicant sought review of the cancellation decision, citing mental health issues, depression, and family bereavements as reasons for his non-compliance.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, specifically whether the applicant had failed to comply with a condition of his visa by not maintaining enrolment in a registered course. If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances, including the applicant's claims of mental ill health and his compelling need to remain in Australia.

The Tribunal found that the applicant had indeed failed to comply with his visa condition requiring continuous enrolment in a course of study for a period of nine months. Despite the applicant's claims of mental health issues and family tragedies, he provided no documentary evidence to substantiate these assertions or his alleged treatment. The Tribunal was not satisfied that the applicant had a compelling need to remain in Australia, noting that the Certificate III course he had recently enrolled in offered skills that could be acquired in his home country. Furthermore, the Tribunal found that the applicant's past non-compliance and his claimed ignorance of visa conditions did not inspire confidence in his future adherence. Consequently, the Tribunal concluded that the cancellation of the visa was appropriate.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.