Bin Hadyan (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Bin Hadyan concerning the cancellation of his Student (Temporary) (Class TU) (Subclass 500) visa. The visa was cancelled on the grounds that Mr Hadyan was not enrolled in an approved course of study and had engaged in alcohol abuse, which led to accidents. The core of the dispute revolved around whether Mr Hadyan demonstrated a genuine intention to rehabilitate from his alcohol abuse and a genuine desire to study in Australia.

The Tribunal was required to determine whether the delegate's decision to cancel Mr Hadyan's visa was the correct or preferable one. This involved assessing whether Mr Hadyan met the character and other relevant requirements for holding a Student visa, particularly in light of his conduct. The Tribunal had to weigh the evidence presented regarding his alcohol abuse and accidents against any evidence demonstrating his commitment to rehabilitation and his genuine intention to pursue his studies.

In its reasoning, the Tribunal acknowledged the seriousness of the grounds for cancellation, including alcohol abuse and associated accidents. However, it placed significant weight on the evidence presented by Mr Hadyan concerning his genuine intention to rehabilitate and his desire to study. The Tribunal found that Mr Hadyan had taken steps towards rehabilitation and that his desire to study was genuine. Consequently, the Tribunal concluded that the delegate's decision to cancel the visa was not the correct or preferable one. The Tribunal set aside the decision under review.