Sharma (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 500 (Student) visa of Mr. Sharma. The cancellation was based on the applicant ceasing enrolment in a registered higher-level course and having limited academic progress, which constituted a breach of visa conditions.

The Tribunal was required to determine whether the decision to cancel Mr. Sharma's visa was the correct and preferable one, considering all the circumstances. This involved assessing whether the applicant had taken steps to rectify the breach and whether there were compelling reasons to allow the visa to remain in effect.

The Tribunal found that Mr. Sharma had made genuine efforts to continue his studies and address the reasons for the potential visa cancellation after becoming aware of the situation. The Tribunal was satisfied that he genuinely wished to study and comply with the relevant regulations. Considering the totality of the circumstances, the Tribunal concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the original decision to cancel the visa and substituted a decision not to cancel Mr. Sharma's Subclass 500 (Student) visa.