Saqib (Migration)

This matter concerned an appeal by Saqib against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The decision under review was made by the Migration Review Tribunal, presided over by Member Brendan Darcy. The core of the dispute revolved around Saqib's failure to comply with the conditions of his visa, specifically his enrolment in a registered course.

The legal issues before the Tribunal were twofold: firstly, whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) had been established due to the applicant's non-compliance with visa conditions; and secondly, if the ground was established, whether the Tribunal should exercise its discretion to cancel the visa. This involved considering various factors, including the applicant's stated purpose for travel, his academic progress, attendance, and any mitigating circumstances.

The Tribunal found that Saqib had indeed failed to comply with his visa conditions, thereby establishing the ground for cancellation. In considering the exercise of discretion, the Tribunal had regard to the applicant's stated intention to study and complete his education, his claims of immaturity and a desire to mature, and his admission of low attendance and inability to achieve competencies in his chosen IT diploma. Despite acknowledging the applicant's youth and potential for maturity, and giving some weight to this factor, the Tribunal ultimately concluded that the cumulative circumstances, including a significant period of non-compliance and poor academic performance, warranted the cancellation of the visa.

Consequently, the Tribunal affirmed the decision to cancel Saqib's Class TU visa.