Mehdi (Migration)

The Administrative Appeals Tribunal considered the case of Mr Mehdi, a holder of a Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The dispute arose from the Department's decision to cancel Mr Mehdi's visa on the grounds that he was not enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr Mehdi had complied with condition 8202 of his visa, which mandates enrolment in a registered course and satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances of the case and relevant policy guidelines.

The Tribunal found that Mr Mehdi had indeed not been enrolled in a registered course at the time of the cancellation, thus breaching condition 8202(2). However, in considering the exercise of discretion, the Tribunal took into account the applicant's stated purpose of study in Australia, his difficulties in maintaining enrolment due to his father's illness and subsequent death, which led to financial hardship, and the steps he had taken to mitigate these issues, including securing financial support from his mother. The Tribunal also noted that Mr Mehdi was close to completing his current course and intended to return to Pakistan upon completion.

Consequently, the Tribunal set aside the Department's decision to cancel Mr Mehdi's visa and substituted a decision not to cancel it.