Raza (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector), held by the applicant, Raza. The Minister had cancelled the visa on the ground that the applicant was not a genuine student. The applicant sought review of this decision.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(fa)(i) of the Migration Act 1958 (Cth) was made out, and if so, whether to exercise its discretion to affirm the cancellation. Specifically, the Tribunal had to consider if the applicant was a genuine student, having regard to prescribed matters including academic progression and any study gaps.

The Tribunal found that the ground for cancellation was established. The applicant had a history of cancelled enrolments in his Bachelor of Business (Accounting) course due to non-payment of fees, with the last confirmed date of study being in June 2016. This resulted in a study gap of over nine months. While the applicant submitted that his father's illness and resulting financial difficulties in his home country prevented him from paying his fees and caused the study gap, the Tribunal noted that under regulation 2.43(1D)(c) of the Migration Regulations 1994, compassionate or compelling circumstances are only a relevant consideration if the Minister is satisfied that those circumstances have ceased to exist. The Tribunal was not satisfied that this condition was met.

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