Khan (Migration)

This matter concerned an application by Mr. Khan for review of a decision to cancel his Subclass 573 Higher Education Sector visa. The applicant had ceased his studies and failed to pay course fees, leading to limited academic progress. The Administrative Appeals Tribunal (the Tribunal) was tasked with determining whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether the applicant had complied with the conditions of his visa, specifically condition 8202(2)(a) of the Migration Regulations 1994, which requires a visa holder to be enrolled in a registered course. The Tribunal also considered whether any international obligations, including the non-refoulement principle or the best interests of children, would be breached by the cancellation.

The Tribunal found that the applicant had not been enrolled in a registered course since 12 April 2017, and therefore had not complied with condition 8202(2)(a). The Tribunal placed low weight on the applicant's stated fears of returning to Pakistan without a degree, describing them as relating to his future prospects and desire for a better life, rather than a fear of persecution or harm. The Tribunal concluded that the circumstances leading to the applicant's failure to complete his studies were not exceptional and that no international obligations would be breached by the cancellation. Accordingly, the Tribunal affirmed the decision to cancel the applicant's visa.