Shahid (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Shahid, a holder of a Student (Temporary) (Class TU) Subclass 500 visa. The dispute concerned the cancellation of the applicant's visa by the Department of Home Affairs. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) of the Migration Regulations 1994. This condition requires a student visa holder to maintain enrolment in a registered course that, upon completion, leads to a qualification at the same or a higher Australian Qualifications Framework (AQF) level than the course for which the visa was originally granted. If such a breach occurred, the Tribunal also had to determine whether the visa should be cancelled under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant's visa was granted for a Bachelor of Professional Accounting, an AQF Level 7 course. The Department's records indicated that this enrolment was cancelled by the education provider on 4 September 2018. Subsequently, the applicant enrolled in a Diploma of Automotive Management, an AQF Level 5 course. The Tribunal noted that the applicant did not re-enrol in an AQF Level 7 course until after 11 October 2019, which was after the Department issued a Notice of Intention to Consider Cancellation. The applicant's explanation for his study difficulties and changes in enrolment, including failing his first semester of accounting, did not satisfy the Tribunal that he had maintained the required level of study.

The Tribunal affirmed the delegate's decision to cancel the applicant's visa.