Ramjaun (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500 (Student). The applicant had been convicted of offences and detained, which resulted in a gap in his studies and the cancellation of several courses. The review was heard by Noelle Hossen.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(g) of the *Migration Act 1958* (Cth) existed, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider the applicant's circumstances afresh, including his purpose for travel and stay in Australia, his academic progress, and any explanations provided for his study gaps and course cancellations.

The Tribunal found that the ground for cancellation under s 116(1)(g) was established. While this ground did not mandate cancellation, the Tribunal then considered its discretion. It noted that there were no specified mandatory considerations or ministerial directions. The Tribunal had regard to the applicant's stated intention to study Automotive Engineering, which was funded by his uncle, and the fact that his PRISMS record indicated poor academic progression. The applicant had enrolled in multiple courses, some of which were cancelled, and had not provided evidence of completing any course in its entirety despite residing in Australia for three years. The applicant also alluded to being a "victim of drug abuse" and undergoing rehabilitation, and that his mother had enrolled him in a cookery course after learning his previous enrolment was to be cancelled. However, the Tribunal found that the applicant had not completed and passed a registered course in its entirety.