Tahir (Migration)

This matter concerned an appeal by an applicant against the cancellation of his Subclass 573 Higher Education Sector (Temporary) visa. The applicant's visa was cancelled by the Minister under s 116(1)(b) of the Migration Act 1958 (Cth) on the grounds that he had breached condition 8202(2)(a) of his visa, which required him to be enrolled in a registered course. The applicant had ceased to be enrolled in a registered course of study from 15 July 2015.

The primary legal issue before the Tribunal was whether the ground for cancellation under s 116(1)(b) was made out, and if so, whether the Tribunal should exercise its discretion to cancel the visa, having regard to the applicant's submissions and relevant government policy. The applicant contended that his failure to remain enrolled was due to significant medical conditions, including depression, anxiety, and severe allergic rhinitis, as well as family pressures and financial difficulties preventing his return to Pakistan.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) as he was not enrolled in a registered course from 15 July 2015, satisfying the ground for cancellation under s 116(1)(b). While this ground did not mandate cancellation, the Tribunal considered the applicant's reasons for non-compliance. Despite the applicant's evidence of medical consultations and financial concerns, the Tribunal concluded that these circumstances did not outweigh the public interest in maintaining the integrity of the migration program. The Tribunal affirmed the decision to cancel the applicant's visa.