Minhas (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by the applicant, a Pakistani citizen. The dispute arose from the applicant's conviction for driving offences, which constituted a ground for visa cancellation under the Migration Act 1958 (Cth). The Tribunal was tasked with determining whether the ground for cancellation existed and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal was required to determine if the applicant had been convicted of an offence against a law of the Commonwealth, a State, or Territory, as prescribed by regulation 2.43(1)(oa) of the Migration Regulations 1994. If this ground was established, the Tribunal then had to consider whether, in all the relevant circumstances, the applicant's visa should be cancelled, taking into account matters of government policy and the applicant's submissions.

The Tribunal found that the applicant had been convicted of offences against New South Wales law, thereby satisfying the ground for cancellation under section 116(1)(g) of the Act and regulation 2.43(1)(oa). In exercising its discretion, the Tribunal considered the applicant's stated purpose of study, noting that while he initially travelled to Australia for this purpose, his academic progress had been poor, with multiple course cancellations due to failure to re-enrol or non-payment of fees. The Tribunal also found the applicant's explanation for his driving licence suspension and subsequent driving offences to be unconvincing, indicating a significant and ongoing failure to comply with Australian laws. Despite acknowledging the applicant's claims of remorse and desire to continue his studies, the Tribunal concluded that these factors did not outweigh the seriousness of the offending conduct and the breaches of visa conditions.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.