Ghimire (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel Mr Anil Ghimire's Student (Class TU, Subclass 500) visa. The delegate had found that Mr Ghimire had not been enrolled in a registered course of study between 25 September 2019 and 3 May 2022, thereby breaching condition 8202(2)(a) of his visa. The Tribunal accepted that the delegate was entitled to make these findings, and the sole issue before the Tribunal was whether the visa should be cancelled as a matter of discretion.

The legal issue before the Tribunal was whether, in the exercise of its discretion, it should affirm the delegate's decision to cancel Mr Ghimire's visa. The Tribunal considered the applicant's non-compliance with his visa conditions for an extended period, the purpose of a student visa, and submissions relating to a mental health condition, Recognised Prior Learning, and the impact of COVID-19.

The Tribunal affirmed the delegate's decision to cancel the visa. It reasoned that the applicant's prolonged failure to be enrolled in a registered course meant he was not fulfilling the purpose for which the visa was granted. While acknowledging the applicant's submissions regarding his mental health, the Tribunal found that these did not outweigh the significant and extended period of non-compliance. The Tribunal concluded that the discretion to cancel the visa was appropriately exercised by the delegate.