Sajjad (Migration)

The Administrative Appeals Tribunal reviewed a decision by a Delegate of the Minister for Home Affairs to cancel Mr Sajjad's subclass 500 student visa. The cancellation was based on the applicant's alleged failure to maintain enrolment in a registered course that would lead to a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which the visa was granted. The Tribunal considered whether this ground for cancellation was established and, if so, whether the visa should be cancelled.

The central legal issue before the Tribunal was whether Mr Sajjad had breached condition 8202(2)(b) of Schedule 8 to the Migration Regulations 1994. This condition mandates that a student visa holder must maintain enrolment in a registered course that, upon completion, provides a qualification at an AQF level equal to or higher than the AQF level of the course for which the visa was originally granted. The Tribunal also considered the application of section 116(1) of the Migration Act 1958, which permits visa cancellation under such circumstances.

The Tribunal reasoned that Mr Sajjad's visa was granted for the purpose of studying a Masters of Commerce, an AQF level 9 course. Evidence from the Provider Registration International Student Management System (PRISMS) indicated that his enrolment in this course was cancelled on 15 March 2018, and he had not been enrolled in an AQF level 9 or 10 course since that date. The highest subsequent enrolment indicated by PRISMS was for a Diploma of Automotive Technology, an AQF level 5 course. While the applicant presented a confirmation of enrolment for a Graduate Diploma of Management (AQF level 8) at the hearing, this course was scheduled to commence in February 2021, after the natural expiry of his visa in March 2020. Consequently, the Tribunal found that the applicant had not maintained enrolment in a course at the required AQF level, and the exceptions under clause 8202(3) did not apply. The Tribunal affirmed the delegate's decision to cancel the visa.