Dahal (Migration)

The Administrative Appeals Tribunal considered the case of Mr Dahal, a Nepalese citizen who held a Student (subclass 500) visa. The dispute arose from the Department of Home Affairs' intention to cancel Mr Dahal's visa due to his failure to maintain enrolment in a registered course, a breach of visa condition 8202(2)(a). The Tribunal was required to determine whether the ground for cancellation under s 116(1)(b) of the Migration Act 1958 existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal found that the ground for cancellation under s 116(1)(b) was established because Mr Dahal had ceased enrolment in a registered course. In considering whether to exercise its discretion to cancel the visa, the Tribunal had regard to the circumstances presented by Mr Dahal, including the impact of the COVID-19 pandemic, financial hardship, marital difficulties, and his subsequent employment in the aged care sector. Mr Dahal explained that the shift to online learning during the pandemic was challenging, leading to difficulties in his studies and personal life. He also experienced significant financial hardship due to being stood down from employment and the inability to pay tuition fees, exacerbated by border closures preventing his departure and return. Despite these challenges, Mr Dahal had secured employment as an Enrolled Nurse and expressed a strong desire to resume his studies to become a Registered Nurse.

The Tribunal acknowledged the significant impact of visa cancellation but, on balance, concluded that the visa should be cancelled. While recognising Mr Dahal's efforts to rectify his circumstances and his contributions to the aged care sector, the Tribunal ultimately affirmed the decision to cancel his visa.