Khyyam Khan (Migration)

This matter concerned an appeal by Khyyam Khan against the cancellation of his Student (Temporary) (Class TU) Subclass 573 Higher Education Sector visa. The Administrative Appeals Tribunal, constituted by Member Joseph Lindsay, was required to determine whether the cancellation of Mr Khan's visa was justified.

The primary legal issue before the Tribunal was whether Mr Khan 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, such as non-refoulement or the best interests of children, would be breached by the cancellation, and whether there were any other relevant matters that warranted consideration in exercising its discretion.

The Tribunal found that Mr Khan had been granted his visa on 27 February 2015 but had not been enrolled in a registered course since 24 March 2017, thereby failing to comply with condition 8202(2)(a). While Mr Khan expressed concerns about family pressure and a desire to complete a Bachelor of Business (Management) to join his father in real estate, the Tribunal placed low weight on these submissions. It also noted that Mr Khan indicated no fear of returning to Pakistan and no other concerns regarding international obligations. The Tribunal concluded that the circumstances leading to the cancellation of his enrolment were not exceptional and, considering all matters, affirmed the decision to cancel his visa.