Mehdi (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mehdi, who held a Student (Temporary) (Class TU) visa, subclass 573. The dispute concerned the cancellation of this visa on the ground that Mr Mehdi was not enrolled in a registered course. The AAT was required to review the delegate's decision to cancel the visa and consider whether to exercise the discretion to set aside that decision.

The primary legal issue before the Tribunal was whether the cancellation of Mr Mehdi's visa was justified, particularly in light of his circumstances and the potential for discretion to be exercised in his favour. This involved assessing the significance of his non-compliance with enrolment requirements and whether mitigating factors warranted a different outcome than visa cancellation.

The Tribunal found that Mr Mehdi had been mistakenly enrolled in a non-registered course based on advice from the educational institution, and that he had received a full refund from the institution. Crucially, upon receiving the delegate's decision, he enrolled in an appropriate course as soon as possible and had been studying full-time since July 2017. The Tribunal considered these factors, including the significant period of non-compliance, and concluded that the delegate's decision to cancel the visa should be set aside.