Meda (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Subclass 500 (Student) visa was cancelled by the Minister. The dispute centred on whether the cancellation decision was correct, given the applicant's failure to maintain enrolment in a registered course, a condition of his visa.

The Tribunal was required to determine two primary issues: first, whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established; and second, if the ground was established, whether the discretion to cancel the visa should be exercised. The applicant's enrolment had been cancelled on 31 May 2017, and he had remained in Australia on his student visa for over 15 months without valid enrolment.

The Tribunal found that the ground for cancellation was made out, as the applicant had breached the condition requiring full-time enrolment in a registered course. While this ground did not mandate cancellation, the Tribunal then considered its discretion. The applicant provided personal reasons for his non-compliance, including the death of his girlfriend and his father's financial hardship, and expressed a desire to re-enrol. However, the Tribunal noted a lack of documentary evidence to support these claims and found inconsistencies between the applicant's statements to the Department and his evidence at the hearing, particularly regarding his father's financial situation and the applicant's own employment status.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that, considering all the circumstances, cancellation was the appropriate course of action.