Rehman (Migration)

The Administrative Appeals Tribunal considered the case of Mr Rehman, a national of Pakistan, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a registered course of study. The applicant provided evidence including a certificate of English course completion, a report from a psychologist, and clinical notes from a hospital in Pakistan.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition requires the visa holder to be enrolled in a registered course, and not to have been certified by their education provider as not achieving satisfactory course progress or attendance. The Tribunal also had to consider whether, having found a breach, it should exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not been enrolled in a registered course, thereby breaching condition 8202(2). The applicant's evidence indicated a history of academic difficulties and a lack of consistent enrolment in registered courses since arriving in Australia in 2014. While the applicant presented documents relating to his health and his mother's health, and expressed an intention to study at the University of New England, he had not made any formal applications or received offers of admission. Considering the applicant's stated purpose of study in Australia and his past academic record, the Tribunal concluded that the circumstances did not warrant the exercise of discretion to set aside the cancellation.

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