Sahota (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel the subclass 500 student visa of Mr Sahota, a citizen of India. Mr Sahota's visa, granted on 5 April 2017 with an expiry date of 24 June 2020, was cancelled under section 116(1)(b) of the *Migration Act 1958* on the basis that he had breached a condition of his visa. Specifically, the delegate found that Mr Sahota had failed to maintain enrolment in a course at the same or a higher Australian Qualifications Framework (AQF) level than the course for which his visa was granted.

The Tribunal was required to determine two issues: first, whether the ground for cancellation under section 116(1)(b) of the Act was established, meaning whether Mr Sahota had indeed failed to comply with a visa condition; and second, if the ground for cancellation was made out, whether Mr Sahota's visa ought to be cancelled. The relevant visa condition, 8202(2)(b) of the *Migration Regulations 1994*, imposes a continuing obligation on student visa holders to maintain enrolment in a registered course that leads to an AQF qualification at the same or a higher level than their initial registered course.

The Tribunal considered the evidence and submissions presented, including those from Mr Sahota and his migration agent. The core of the Tribunal's reasoning focused on the interpretation and application of condition 8202(2)(b). The Tribunal affirmed the delegate's finding that Mr Sahota had not complied with this condition, which required him to maintain enrolment in a course of a specified AQF level. Having found that the ground for cancellation was established, the Tribunal then proceeded to consider whether the cancellation of the visa was warranted in all the circumstances. The Tribunal ultimately affirmed the delegate's decision to cancel Mr Sahota's visa.