RIAZ (Migration)

The Administrative Appeals Tribunal considered the case of Riaz, a holder of a Subclass 500 (Student) visa. The dispute arose from the cancellation of Riaz's visa on the grounds that he was not enrolled in a registered course for a period of four months, thereby breaching a condition of his visa.

The Tribunal was required to determine whether Riaz had indeed breached a condition of his visa and, if so, whether the discretion to cancel his visa should be exercised. Specifically, the Tribunal had to assess Riaz's compliance with condition 8202(2) of the Migration Regulations 1994, which mandates enrolment in a registered course.

The Tribunal found that Riaz was not enrolled in a registered course for the period between 23 November 2016 and 22 March 2017, which constituted a breach of condition 8202(2) and made his visa liable for cancellation under s.116(1)(b) of the Migration Act 1958. However, in exercising its discretion regarding cancellation, the Tribunal gave substantial weight to Riaz's consistent intention to study in Australia since March 2013, his completion of a Bachelor of Business despite difficulties with educational providers, and his intention to pursue further postgraduate studies. The Tribunal considered the four-month gap in enrolment to be a short period, particularly given it included a Christmas vacation and Riaz's personal and academic challenges.

Consequently, the Tribunal set aside the decision to cancel Riaz's visa and substituted a decision not to cancel his Subclass 500 (Student) visa.