Khan (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Khan, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The cancellation was based on Mr Khan providing incorrect information and a bogus document in support of his visa application.

The primary legal issue before the Tribunal was whether the cancellation of Mr Khan's visa was the correct and preferable decision, considering the circumstances. This involved determining whether the grounds for cancellation were established and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that Mr Khan had provided incorrect information and a bogus document in his visa application, as the course he claimed to have completed was not registered and he had not actually completed any courses. Furthermore, he had later enrolled in a registered course while purportedly still enrolled in the unregistered one, and the provider of the unregistered course was subsequently deregistered. Despite Mr Khan's claims of fraud by his agent, relationship difficulties, and parental health issues, the Tribunal concluded that these factors did not outweigh the seriousness of the non-compliance. After considering all relevant discretionary matters, the Tribunal affirmed the decision to cancel Mr Khan's visa.