KHAN (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the subclass 573 student visa of Hassam Khan, a citizen of Pakistan. The visa was granted on the condition that Mr. Khan remain enrolled in and make satisfactory progress in a registered course of study in Australia. A delegate of the Minister for Immigration and Border Protection cancelled Mr. Khan's visa on 1 November 2017, finding that he had breached the condition requiring continuous enrolment in a registered course for a period of over 10 months, from 3 January 2017 to 1 November 2017. This finding was based on information from the Provider Registration and International Student Management System (PRISMS).

The Tribunal was required to determine whether Mr. Khan had indeed breached Condition 8202 of the Migration Regulations, which mandates enrolment in a registered course, and if so, whether the visa cancellation was appropriate. The delegate's decision relied on the PRISMS database, which records student enrolments and is used by registered course providers to issue Confirmation of Enrolment (COE) certificates, a key document for student visa applications.

The Tribunal found that while Mr. Khan had not been enrolled in a registered course for the period identified by the delegate, he had successfully completed nine out of the sixteen units required for a Diploma of Information Technology. The Tribunal also noted that Mr. Khan had experienced family issues. Considering these factors, the Tribunal set aside the delegate's decision to cancel the visa.