Nizardeen (Migration)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to cancel the student visa of Mr Nizardeen. Mr Nizardeen held a Student (Temporary) (Class TU) visa, subclass 500, and the cancellation was based on the ground that he was not enrolled in a registered course, a failure to meet a condition of his visa.

The Tribunal was required to determine whether the Minister's decision to cancel Mr Nizardeen's visa was the correct or preferable decision. This involved considering whether the discretion to cancel the visa should have been exercised, particularly in light of the circumstances that led to Mr Nizardeen's non-enrolment.

The Tribunal found that Mr Nizardeen had experienced significant mental health issues, which had impacted his ability to maintain enrolment. Crucially, the Tribunal noted that Mr Nizardeen had taken affirmative steps to seek professional help for his mental health and that there was a likelihood he would resume his studies. Applying the principles of administrative review, the Tribunal concluded that the cancellation decision was not the preferable one given these mitigating circumstances and Mr Nizardeen's efforts to address his situation.

Consequently, the Tribunal set aside the Minister's decision to cancel Mr Nizardeen's visa.