Pariyar (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, subclass 500, held by Mr. Pariyar. The delegate of the Minister had cancelled the visa due to the applicant's cessation of enrolment in a registered course. The applicant sought review of this decision.

The primary legal issue before the Tribunal was whether the applicant's circumstances warranted the cancellation of his visa, specifically concerning his compliance with the conditions of his student visa relating to enrolment and satisfactory course progress. The Tribunal was required to determine if the applicant had demonstrated a genuine intention to complete his studies and whether the reasons for his enrolment changes and late completion constituted a sufficient basis for the delegate's cancellation decision.

The Tribunal found that the applicant had a genuine interest in pursuing a career in hospitality and had changed courses due to a family bereavement and subsequent late course completion. It was satisfied that these circumstances did not demonstrate a lack of genuine intention to study. Consequently, the Tribunal set aside the delegate's decision to cancel the visa and substituted a decision not to cancel the applicant's Student (Temporary) (subclass 500) visa.