Chhibber (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 500 (Student) visa. The dispute arose because the applicant was not enrolled in a registered course and was not considered a genuine student, leading to the Minister's decision to cancel the visa under section 116(1)(b) of the Migration Act 1958 (Cth) for failing to comply with a visa condition.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. Specifically, the Tribunal had to assess if the applicant had complied with condition 8202(2)(a) of their visa, which mandates enrolment in a full-time registered course. If the ground for cancellation was established, the Tribunal then had to consider all relevant circumstances, including government policy and the applicant's personal situation, in deciding whether to affirm the cancellation.

The Tribunal found that the ground for cancellation was made out, as the applicant's PRISMS record indicated multiple instances of course non-commencement or withdrawal, and the applicant himself admitted to not complying with the enrolment condition. In considering the exercise of discretion, the Tribunal noted the applicant's extensive history of enrolments in various courses since 2014, with only one Diploma of Commerce being recorded as 'finished'. The applicant's explanations for his academic struggles, including difficulties with language, cultural adjustment, and lack of aptitude for certain courses, were considered. However, the Tribunal concluded that, on the whole, the circumstances warranted the cancellation of the visa.

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