Imdad Ullah (Migration)

The Administrative Appeals Tribunal considered the cancellation of Mr Imdad Ullah's Student (Temporary) (Class TU) visa, subclass 500. The dispute centred on whether Mr Ullah had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and make satisfactory course progress and attendance. The delegate had cancelled Mr Ullah's visa on the grounds that he was not enrolled in a registered course of study between 20 March 2018 and 10 July 2019.

The primary legal issue before the Tribunal was to determine if Mr Ullah had complied with condition 8202. If a breach was established, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, having regard to relevant factors. The Tribunal also considered the circumstances that led to the alleged non-compliance and the potential hardship that cancellation might cause.

The Tribunal found that Mr Ullah had indeed breached condition 8202(2) as he was not enrolled in a registered course of study during the specified period, a fact he confirmed. In considering the discretion to cancel, the Tribunal noted that while the applicant alluded to personal difficulties, including a domestic violence case and depression, and provided a psychologist's report, these circumstances did not conclusively demonstrate an inability to attend classes. The Tribunal also found that Mr Ullah had not provided evidence of a compelling need to remain in Australia or detailed hardship that would result from cancellation, giving little weight to the potential financial or emotional hardship. The Tribunal noted that the domestic violence proceedings against Mr Ullah were ultimately withdrawn and dismissed.

The Tribunal affirmed the delegate's decision to cancel Mr Ullah's visa.