Masood (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 500 (Student) visa. The applicant had failed to comply with a condition of his visa, specifically condition 8202, which requires a student visa holder to maintain enrolment in a registered course that will lead to a qualification at the same or higher level than the course for which the visa was granted. The applicant had completed two courses but had ceased study in a relevant course from April 2019, remaining unenrolled for a significant period before new enrolments were made after the Department issued a notice of intention to cancel and shortly before the Tribunal hearing. The Administrative Appeals Tribunal (AAT) was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered whether the applicant had breached visa condition 8202. The evidence indicated that the applicant had not been enrolled in a registered course consistent with the purpose of his student visa for approximately two years and eight months. The Tribunal found that new course enrolments made after the notice of intention to cancel and the day after the hearing were not indicative of genuine compliance with the visa conditions prior to these events. The Tribunal also considered the applicant's stated purpose for remaining in Australia, which was to have "something to show that he didn’t waste all of his time," and did not consider this to be a compelling need.

The Tribunal concluded that the ground for cancellation under section 116(1)(b) of the Migration Act 1958 was established. In exercising its discretion, the Tribunal weighed the circumstances, including the lengthy period of non-enrolment and the lack of any extenuating or compassionate circumstances. The Tribunal affirmed the decision to cancel the applicant's visa.