Raja (Migration)

This matter concerned an appeal by an applicant, a citizen of Pakistan, against the cancellation of his Subclass 500 Student visa. The applicant arrived in Australia in March 2018 to undertake a Master of Data Science, but his enrolment was cancelled shortly thereafter. The Department of Home Affairs subsequently placed a "no study" condition on his visa in August 2020. The applicant did not respond to the Department's Notice of Intention to Consider Cancellation (NOICC) or provide further documentation beyond an offer letter for an English course received in February 2020. The Administrative Appeals Tribunal (AAT) affirmed the decision to cancel the visa.

The primary legal issue before the AAT was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically by failing to maintain enrolment in a registered course of study. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958. The Tribunal also considered the applicant's compliance with procedural requirements, including his consent to a decision on the papers and his failure to respond to requests for information.

The Tribunal found that the applicant had breached condition 8202(2) as he was not enrolled in a registered course of study from March 2018 until at least November 2018, and the PRISMS record indicated no enrolment since March 2018. The Tribunal inferred that the offer of an English course was likely procured for strategic reasons rather than genuine study intent, particularly given its timing. The Tribunal also noted the applicant's failure to respond to the NOICC and subsequent requests for information, which impacted his entitlement to a hearing. Considering the prolonged period of non-compliance with enrolment conditions and the reason for the initial enrolment cancellation (fraudulent academic transcripts, as indicated by the s.376 Certificate), the Tribunal concluded that the grounds for cancellation under s 116(2)(b) were met and that the exercise of discretion to cancel the visa was warranted.

The Tribunal affirmed the decision to cancel the applicant's Subclass 500 Student visa.