Rajput (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Rajput, concerning the cancellation of a Student (Temporary) (Class TU) visa, subclass 500. The applicant, Mr. Rajput, sought review of the delegate's decision to cancel his visa on the grounds that he was not enrolled at the required Australian Qualifications Framework (AQF) level and had failed to respond to a Notice of Intention to Consider Cancellation (NOICC).

The Tribunal was required to determine whether the delegate had correctly applied the relevant legislative provisions regarding visa cancellation for students who fail to maintain enrolment at the required AQF level. It also had to consider whether the delegate had properly exercised the discretion to cancel the visa, taking into account all relevant factors, including the applicant's submission that he relied on his education agent.

In its reasoning, the Tribunal affirmed that the applicant had indeed failed to maintain enrolment at the required AQF level, constituting a significant breach of his visa conditions. The Tribunal found that the applicant's reliance on his education agent did not excuse his personal responsibility to ensure his enrolment status was compliant. Furthermore, the Tribunal concluded that the delegate had adequately considered the relevant factors in exercising the discretion to cancel the visa, and that the cancellation decision was open to the delegate.

The Tribunal affirmed the delegate's decision to cancel Mr. Rajput's visa.