Kaonde (Migration)

The Administrative Appeals Tribunal considered the case of Kaonde, a holder of a Subclass 500 (Student) visa, whose visa was cancelled by the Minister. The cancellation was based on the ground that the applicant was not enrolled in a registered course, a breach of condition 8202 of the Migration Regulations 1994. The applicant acknowledged that the ground for cancellation existed, as her Confirmation of Enrolment for a Master of Business Administration was cancelled in January 2018, and she remained unenrolled until her visa cancellation in December 2018.

The Tribunal was required to determine whether the Minister's discretion to cancel the visa should be exercised, considering all relevant circumstances. The applicant had provided evidence of her prior study in Australia, including a Diploma of Management and a Bachelor of Business (Accounting), with the stated purpose of furthering her career in her home country. She also explained her difficulties in obtaining relevant work experience and her subsequent decision to enrol in an MBA to enhance her career prospects.

In its reasoning, the Tribunal noted that while the applicant claimed her studies were for career advancement, her application for a subsequent course indicated "for personal interest or self development" as the main reason for undertaking the course. This inconsistency, coupled with the applicant's extended onshore stay and the circumstances leading to her non-compliance, raised concerns for the Tribunal regarding the genuine purpose of her stay in Australia. The Tribunal concluded that the circumstances as a whole warranted the cancellation of the visa.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.