Rehman (Migration)

This matter concerned a review of a decision by the Department to cancel the visa of the applicant, Mr. Rehman. The applicant held a Student (Temporary) (Class TU) visa, subclass 500. He conceded that he had breached condition 8202 of his visa since 5 July 2021, specifically by not being enrolled in a registered course of study. The Department had issued a Notice of Intention to Consider Cancellation (NOICC) on 19 April 2022, to which the applicant did not respond. Subsequently, the Department issued a Notice of Cancellation (NOC) on 17 May 2022. The applicant filed a review application with the Tribunal on 25 May 2022.

The primary legal issue before the Tribunal was whether the visa cancellation decision should be affirmed. This involved considering the applicant's reasons for why his visa should not be cancelled, despite the conceded breach of visa conditions. The Tribunal also had to assess the applicant's credibility and the weight to be given to his explanations, particularly in light of his failure to respond to the NOICC and other aspects of his conduct.

The Tribunal affirmed the delegate's decision to cancel the applicant's visa. The applicant accepted that he had not responded to the NOICC, despite receiving it, and that he had received the NOC. The Tribunal noted that the applicant had provided reasons for his non-compliance, including claimed deaths of grandparents and issues with his enrolment, but these were not supported by documentary evidence. The Tribunal also found the applicant's oral evidence to be inconsistent and unimpressive, particularly regarding his work status and recent enrolment in a new course. Furthermore, the Tribunal rejected the applicant's request for a fee reduction, finding that he had intentionally withheld information about his financial circumstances, specifically the use of a credit card to pay the filing fee. While this omission was not considered in isolation, it contributed to the Tribunal's overall assessment of the applicant's creditworthiness.