El Chaar (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by Mr El Chaar. The Minister had cancelled the visa on the ground that the applicant was not enrolled in a registered course at the required Australian Qualifications Framework (AQF) level, a breach of visa condition 8202. The applicant accepted that the ground for cancellation existed.

The Tribunal was required to determine whether the applicant's visa should be cancelled, having regard to all relevant circumstances, as the ground for cancellation did not mandate its automatic cancellation. The Tribunal considered the applicant's stated purpose for his stay in Australia, which was to undertake a Bachelor of Business (Sports Management) at AQF level 7. However, the applicant's enrolment in this course was cancelled on 15 March 2018, and he had not been enrolled in a full-time registered course at AQF level 7 or above since that time.

In its reasoning, the Tribunal noted that while the applicant had provided evidence of subsequent enrolments in various diploma courses, his study history was unclear. The Tribunal found it difficult to accept that the applicant would undertake a course for which he already held a certificate, suggesting that these enrolments may have been to maintain his onshore status rather than for genuine academic progression. The Tribunal concluded that the applicant's true intentions onshore were questionable.

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