Pham (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Pham, who sought review of the delegate's decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. Mr Pham had been enrolled in a Bachelor of Tourism and Hospitality course but had not commenced his studies, leading to the cancellation of his enrolment and subsequently his visa.

The Tribunal was required to determine whether there were sufficient compelling and compassionate reasons to set aside the delegate's decision to cancel Mr Pham's visa. This involved assessing the evidence presented regarding the reasons for his non-commencement of studies and whether these constituted extenuating circumstances that warranted a different outcome.

The Tribunal found that Mr Pham had experienced significant psychological distress and faced considerable family issues, which collectively constituted compelling and compassionate reasons to set aside the delegate's decision. The Tribunal accepted that these circumstances had prevented him from commencing his studies as planned and that his continued presence in Australia was not contrary to the public interest. Consequently, the Tribunal set aside the decision under review and substituted it with a decision to remit the matter to the delegate for reconsideration.