Maazuddin (Migration)

This matter concerned an appeal by the applicant, Maazuddin, against the decision of the Department to cancel his Student (Temporary) (Class TU) Subclass 500 visa. The dispute arose from the applicant's enrolment in a course at a lower Australian Qualifications Framework (AQF) level than that for which his visa was granted, and his subsequent failure to maintain enrolment at the required level. The decision was made by Vanessa Plain.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) of the Migration Regulations 1994, which requires a student visa holder to maintain enrolment in a registered course that, upon completion, will provide a qualification at the same or a higher AQF level than the course for which the visa was granted. If a breach was found, the Tribunal was then required to consider whether to exercise its discretion to affirm the cancellation of the visa.

The Tribunal found that the applicant had breached condition 8202(2)(b). His visa was granted for a Bachelor of Community Services (AQF Level 7), but his enrolment in this course was cancelled by his education provider. Subsequently, his highest enrolment was for a Diploma of Automotive Technology (AQF Level 5), which did not meet the required AQF level. The Tribunal considered the applicant's reasons for the breach, including poor academic progress in previous courses and difficulties adjusting to life in Australia. However, it determined that these reasons were not beyond the applicant's control and that he had been in breach of the condition for a significant period. While acknowledging the applicant's attempts to obtain a new enrolment in a Bachelor of Business course, the Tribunal concluded that this did not outweigh the sustained breach of the visa condition.

The Tribunal affirmed the decision to cancel the applicant's visa.