Mohammed Abdul Adil (Migration)

The Administrative Appeals Tribunal considered the case of Mohammed Abdul Adil concerning the cancellation of his Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the applicant's alleged failure to maintain enrolment in a registered course at the same or a higher Australian Qualifications Framework (AQF) level as that for which his visa was granted, thereby potentially breaching condition 8202(2)(b) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) of the Migration Regulations 1994, which mandates that a student visa holder must maintain enrolment in a registered course that, upon completion, will provide a qualification at the same or a higher AQF level than the course for which the visa was originally granted. If such a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal reasoned that the applicant had not complied with condition 8202(2)(b) because his enrolment history, commencing with a Diploma of Business and progressing to an Advanced Diploma of Leadership and Management, did not meet the requirement of maintaining enrolment in a course at the Masters level (AQF level 9) or higher, which was the original purpose of his visa. Although the applicant expressed a continued intention to pursue a Masters degree after completing his current studies and provided some evidence of attempts to enrol in such courses, the Tribunal found that his current enrolment was at a lower AQF level and that he had not been enrolled in a Masters-level course since August 2018. Despite giving some weight to the applicant's stated future intentions, the Tribunal concluded that, considering the circumstances as a whole, the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.