Jaskiran Kaur (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 500 (Student) visa of Jaskiran Kaur. The Minister had cancelled the visa under section 116(1)(b) of the Migration Act 1958 (Cth) on the ground that Ms. Kaur had failed to comply with condition 8516, which requires a visa holder to continue to satisfy the criteria for the grant of their visa. This failure was based on information indicating Ms. Kaur was no longer enrolled in a registered course of study.

The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa. Ms. Kaur did not dispute that she was no longer enrolled in a course of study, which meant she no longer satisfied the primary criteria for her student visa, thereby breaching condition 8516.

The Tribunal found that the ground for cancellation was established. However, the cancellation was not mandatory, allowing the Tribunal to consider its discretion. The Tribunal had regard to Ms. Kaur's circumstances, including her genuine commitment to her studies, evidenced by her successful completion of two Master's degrees with strong academic results. It also considered her credible oral evidence regarding her desire to gain work experience in Australia to build her professional career, and that her breach of condition 8516 was a genuine, unintentional consequence of completing her studies early. The Tribunal noted no other breaches of visa conditions or laws.

Ultimately, the Tribunal set aside the decision to cancel Ms. Kaur's visa and substituted a decision not to cancel it, acknowledging her demonstrated commitment to her studies and career and the unintentional nature of her breach.