Rohan Bishnoi (Migration)

This matter concerned an appeal by Rohan Bishnoi against the decision of the Department of Home Affairs to cancel his Subclass 500 (Student) visa. The Administrative Appeals Tribunal was required to determine whether the cancellation decision should be affirmed.

The primary legal issue before the Tribunal was whether Mr. Bishnoi had breached condition 8202 of the Migration Regulations 1994, which mandates that a student visa holder maintain enrolment in a full-time registered course at the same or a higher Australian Qualifications Framework (AQF) level as the course for which the visa was granted. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's circumstances and the relevant policy considerations.

The Tribunal found that Mr. Bishnoi had breached condition 8202(2)(b) of the Regulations, as his enrolment in a Bachelor of Information and Communication Technology (AQF Level 7) was cancelled by his education provider, and he subsequently enrolled in a Diploma course (VET sector), which was at a lower AQF level. While acknowledging the applicant's stated difficulties, including academic challenges, personal hardship, and an assault, the Tribunal found these did not constitute compelling reasons to remain in Australia. The Tribunal considered the breach of visa conditions to be serious and, on balance, affirmed the decision to cancel the visa.