GHANVI (Migration)

GHANVI (Migration) [2020] AATA 4770 (6 August 2020)

DECISION RECORD

DIVISION:		Migration & Refugee Division
APPLICANT:		Mr Marsad Ghanvi
CASE NUMBER:		1907563
HOME AFFAIRS REFERENCE:		BCC2018/4057016
MEMBER:		Dr Jason Harkess
DATE:		6 August 2020
PLACE OF DECISION:		Melbourne
DECISION:		The Tribunal affirms the decision to cancel the Applicant’s Student (Temporary) (Class TU) (Subclass 500) visa

Statement made on 6 August 2020 at 9:22pm

CATCHWORDS
MIGRATION – Cancellation –Student (Temporary) (Class TU) visa – Subclass 500 visa –applicant has not been enrolled in a registered course of study – breached condition 8202 – false documents provided to education provider – no legitimate purpose to remain in Australia –decision under review affirmed

LEGISLATION
Migration Act 1958, ss 116 ,359
Migration Regulations 1994 (Cth), Schedule 8

Education Services for Overseas Students Act 2000 (Cth)

STATEMENT OF DECISION AND REASONS

INTRODUCTION AND OVERVIEW

Student Visa Cancellation – Application for Review

1. The Applicant is a citizen of Pakistan and is 25 years old. He seeks review of a decision made by a delegate of the Minister for Home Affairs (‘the delegate’) on 22 March 2019 cancelling his Student (Temporary) (Class TU) Subclass 500 visa pursuant to s 116(1)(b) of the Migration Act 1958 (Cth) (‘the Act’). The Applicant lodged his review application with the Tribunal on 29 March 2019.

Original Visa Grant

1. The Applicant’s visa was granted on 25 June 2018. It was granted because a delegate of the Minister had determined that he met the primary criteria for the grant of a student visa.[1]

   [1] The primary criteria for the grant of a student visa are set out in the Migration Regulations 1994 (Cth), Sch 2, cls 500.211 to 500.218.

2. The visa had an original expiry date of 30 August 2020 before it was cancelled. It provided for more than two years and two months during which the Applicant would be permitted to reside in Australia for the purpose of full-time study. Specifically, the visa had been granted so that the Applicant could complete a Master of Computing at Australian National University (‘ANU’).

Reasons for Cancellation

1. The Applicant’s visa was cancelled because the delegate determined that a legal basis for cancellation had been established under s 116(1)(b) of the Act. The delegate found that the Applicant had not complied with a condition of his visa. Specifically, it was found that the Applicant had failed to comply with that condition which required him to maintain enrolment in a registered course of study for the duration of the visa grant period. Upon making that finding, the delegate proceeded to consider all other relevant circumstances before concluding that the Applicant’s visa ought to be cancelled.

2. The delegate’s reasons are set out in a decision record. That decision record was provided to the Applicant when he was notified that his visa had been cancelled on 22 March 2019.[2] The Applicant also provided a copy of the delegate’s decision record to the Tribunal on 18 November 2019. By lodging his review application, the Applicant contends that the delegate’s decision…