PUTTA (Migration)

This matter concerned an application to review the cancellation of the applicant's Subclass 500 (Student) visa. The applicant, who had arrived in Australia in September 2016, was initially enrolled in a Master of IT program. However, his enrolment was cancelled in May 2017 due to his notification of ceasing studies. Subsequently, after receiving a notice of possible visa cancellation, the applicant enrolled in an MBA program in August 2018. At the time of the hearing, this MBA enrolment had also been cancelled. The applicant did not dispute that grounds existed for the cancellation of his visa.

The primary legal issue before the Tribunal was whether the applicant was, or was likely to be, a genuine student, and consequently, whether his Subclass 500 student visa should be cancelled under s 116(1)(fa)(i) of the Migration Act 1958 (Cth). The Tribunal was required to consider the applicant's conduct, including a 15-month period without study and his re-enrolment only after receiving notice of potential cancellation, as evidence of his genuineness as a student. Furthermore, the Tribunal had to exercise its discretion regarding the cancellation, considering factors such as the purpose of the applicant's stay and the extent of his compliance with visa conditions.

The Tribunal found that the applicant's actions, including discontinuing his principal course, the significant study gap, and re-enrolling only after notification of potential cancellation, indicated he was not a genuine student. While the applicant claimed a compelling need to remain in Australia to obtain a degree to avoid humiliation in his home country, the Tribunal found these assertions unsupported and insufficient to demonstrate a powerful or convincing reason to stay. The Tribunal concluded that the applicant had not demonstrated a compelling need to remain in Australia and that the grounds for cancellation were established.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 student visa.