KHAN (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 500 (Student) visa held by the applicant, KHAN. The dispute arose because the applicant was not enrolled in a registered course, which constituted a ground for visa cancellation under section 116(1)(b) of the Migration Act 1958 (Cth). The Tribunal was required to determine whether this ground for cancellation was made out and, if so, whether to exercise its discretion to cancel the visa, considering all relevant circumstances.

The Tribunal found that the ground for cancellation was established, as the applicant had failed to maintain enrolment in a registered course for a period exceeding 12 months, thereby breaching visa condition 8202(2)(a). In considering the exercise of discretion, the Tribunal had regard to the applicant's purpose for entering Australia, which was to study. While the applicant expressed a desire to pursue further postgraduate studies, the Tribunal was not satisfied that there was a compelling need for him to remain in Australia to do so. The Tribunal also considered the degree of hardship that might be caused by cancellation, noting that the applicant already held a Bachelor degree in Computer Engineering and an MBA, which would assist him in future employment. Although the applicant had not complied with other visa conditions, this was not a factor in the decision.

Ultimately, the Tribunal concluded that, despite some limited compliance with other visa conditions, the circumstances weighed against the applicant. The Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.