Malik (Migration)

This matter concerned an application by Mr Malik for review of the Minister's decision to cancel his Subclass 500 (Student) visa. The cancellation was based on the applicant's failure to maintain enrolment in a full-time registered course of study, thereby breaching condition 8202 of his visa. The applicant did not attend the Tribunal hearing.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised. The specific ground for cancellation alleged was that the applicant was not enrolled in a full-time registered course of study or training, as required by condition 8202.

The Tribunal found that the applicant's enrolment in a Bachelor of Business (Accounting) ceased on 27 April 2018, and he had not been enrolled in a full-time registered course since that date. The Tribunal was satisfied that the ground for cancellation existed. In considering the exercise of discretion, the Tribunal noted the applicant had not provided reasons for ceasing attendance or demonstrated a compelling need to remain in Australia. The Tribunal also considered the breach to be extensive, lasting approximately thirteen months, and concluded that, on balance, the visa should be cancelled. The Tribunal affirmed the decision to cancel the applicant's visa.