Raheb (Migration)

The Administrative Appeals Tribunal considered the case of Raheb, an applicant for a Subclass 500 (Student) visa, whose visa had been cancelled by the Department of Home Affairs. The dispute centred on whether the applicant had breached condition 8202 of his visa, which requires a student visa holder to be enrolled in a full-time registered course. The applicant contended that the cancellation was unwarranted, citing personal difficulties including financial hardship, his mother's health, COVID-19 restrictions, and his own mental health challenges.

The Tribunal was required to determine if the applicant had complied with condition 8202 of his visa, specifically whether he had maintained enrolment in a full-time registered course as mandated by regulation 8202(2)(a) of the Migration Regulations 1994. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, notwithstanding that the ground for cancellation did not mandate it.

The Tribunal found that the applicant had breached condition 8202(2)(a) as evidence from the Provider Registration and International Students Management System (PRISMS) indicated he was not enrolled in a registered course between 30 August 2019 and 3 July 2020. While the applicant provided new confirmations of enrolment and explanations for his previous non-compliance, the Tribunal noted these were created after the period of non-compliance and did not negate the initial breach. In exercising its discretion, the Tribunal acknowledged the applicant's stated difficulties but found that his history of multiple previous enrolment cancellations for various reasons, coupled with a lack of proactive engagement with the education provider or the Department, weighed against him.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa. It concluded that, on balance and considering all the circumstances, the cancellation was the appropriate course of action.