Shahzad (Migration)

The Administrative Appeals Tribunal considered the cancellation of Abid Shahzad's Subclass 572 student visa. The visa had been granted on the condition that Mr. Shahzad remain enrolled in and make satisfactory progress in registered courses of study, specifically a Diploma of Advanced Hospitality and a Diploma of Business at the South Pacific Institute. The delegate of the Minister cancelled the visa on 5 April 2018, alleging a breach of the enrolment condition.

The Tribunal was required to determine whether the ground for cancellation, namely the breach of the visa condition requiring continuous enrolment in a registered course, was established. If this ground was made out, the Tribunal then had to consider whether the visa should be cancelled. The applicant's visa was subject to Condition 8202 of the Migration Regulations, which mandates continuous enrolment in a registered course.

The Tribunal found that Mr. Shahzad had breached Condition 8202. The delegate's decision was based on information from the PRISMS database, which records student enrolments for international students. This database indicated that Mr. Shahzad was not enrolled in a registered course for a continuous period exceeding 12 months, from 16 March 2017 to 5 April 2018. The Tribunal affirmed the delegate's decision to cancel the visa.