MEHRA (Migration)

The Administrative Appeals Tribunal (AAT) considered the cancellation of Mr. Rupinder Singh Mehra's Subclass 573 Higher Education Sector student visa. The dispute arose from the Minister's decision to cancel Mr. Mehra's visa on the grounds that he was not a genuine student, as provided for under section 116(1)(fa)(i) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation existed, specifically whether Mr. Mehra was a genuine student. This involved assessing whether his conduct and enrolment history demonstrated a genuine commitment to study, or if he had engaged in conduct not contemplated by the visa. The Tribunal also considered whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal reasoned that Mr. Mehra had not conducted himself as a genuine student. His enrolment history revealed multiple cancellations of courses due to non-commencement or cessation of studies, and significant periods where he was not enrolled in any course, including a cumulative period of over eighteen months without studying. Furthermore, he had not been enrolled in a bachelor's or master's degree course, which was the principal course type for his visa subclass. The Tribunal found that Mr. Mehra demonstrated a lack of interest and commitment to his studies and a disregard for his visa requirements.

Consequently, the Tribunal affirmed the decision to cancel Mr. Mehra's visa, finding that the ground for cancellation under s.116(1)(fa)(i) was made out and that the exercise of discretion to cancel the visa was warranted given the circumstances.