Chahal (Migration)

This matter concerned an application for review of a decision made by a delegate of the Minister for Home Affairs to cancel the applicant’s Subclass 500 (Student) visa under s.116(1)(b) of the Migration Act 1958. The applicant’s visa was cancelled on the basis that they were not enrolled in a full-time registered course, which constituted a breach of condition 8202 of Schedule 8 to the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994, and if so, whether to exercise its discretion to cancel the visa. Condition 8202, as relevant to the applicant, required them to be enrolled in a full-time registered course and to maintain satisfactory course progress and attendance. The applicant acknowledged ceasing to be enrolled in a registered course.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course. The applicant had withdrawn from an initial Master of Professional Accounting course due to academic difficulties and subsequently failed to commence a second Master of Professional Accounting degree. While the Tribunal considered the applicant's stated reasons for these circumstances, including difficulties adapting to study in Australia and issues related to his brother's presence, it concluded that these did not provide a sufficient basis to override the cancellation. The Tribunal affirmed the decision to cancel the applicant's visa.