Osahon (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Osahon concerning the cancellation of a Subclass 500 student visa. The applicant had breached condition 8202(2)(b) of their visa, which requires maintaining enrolment in a registered course, by failing to maintain satisfactory course progress. The applicant sought review of the visa cancellation decision.

The primary legal issue before the Tribunal was whether the applicant's circumstances, including a partner's pregnancy and the applicant's genuine desire to continue studying, warranted setting aside the decision to cancel their visa. The Tribunal was required to assess whether the applicant had demonstrated that they had made satisfactory course progress or that there were compelling reasons to excuse the breach.

In its reasoning, the Tribunal acknowledged the applicant's explanation for the lack of satisfactory course progress, which included personal circumstances related to their partner's pregnancy. The Tribunal found that the applicant had a genuine desire to continue their studies and that the circumstances were such that the decision to cancel the visa should be set aside. The Tribunal applied principles relating to the assessment of satisfactory course progress and the consideration of compelling and compassionate circumstances in migration matters. The Tribunal ordered that the decision under review be set aside.