Haseeb (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Haseeb, who sought review of the delegate's decision to cancel his Subclass 500 (Student (Temporary)) visa. The cancellation was based on the grounds that Mr Haseeb was not enrolled in a Master's level course, as required by the visa conditions. Mr Haseeb contended that his failure to maintain enrolment was due to significant health issues, specifically depression, which he argued were honest and credible. He also submitted that he had taken steps to rectify the situation following the cancellation.

The primary legal issue before the Tribunal was whether the delegate's decision to cancel Mr Haseeb's visa was the correct or preferable decision. This required the Tribunal to assess the validity of the grounds for cancellation, particularly whether Mr Haseeb's explanation for his non-enrolment was accepted as genuine and whether his subsequent actions warranted setting aside the cancellation. The Tribunal also had to consider the broader implications of his health condition on his ability to meet visa requirements.

In its reasoning, the Tribunal accepted Mr Haseeb's evidence regarding his depression as honest and credible, finding that it directly impacted his capacity to maintain his course enrolment. The Tribunal noted that Mr Haseeb had made genuine attempts to address his health and re-enrol in a suitable course after the cancellation decision. Applying the principles of administrative review, the Tribunal concluded that the delegate's decision was not the preferable one given the circumstances.

Consequently, the Tribunal set aside the delegate's decision to cancel Mr Haseeb's visa and substituted a new decision to affirm the visa.