Thrif (Migration)

The Administrative Appeals Tribunal considered the cancellation of the applicant's Subclass 500 (Student) visa. The dispute arose from the applicant's alleged breach of condition 8202(2)(b) of the *Migration Regulations 1994* (Cth), which requires a student visa holder to maintain enrolment in a registered course at the same or a higher AQF level than the course for which the visa was granted. The applicant contended that he was a victim of fraud by an education agent, which led to his non-compliance.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) and, if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to assess the evidence presented by the applicant, including various enrolment confirmations, personal documents, and medical records, against the requirements of the visa condition and the Department's procedural instructions regarding visa cancellation. A key aspect of the evidence involved the testimony of Mr Mohammed, who claimed to have experienced a similar situation with the same education agent.

The Tribunal found that the applicant had not complied with condition 8202(2)(b) because he was not enrolled in a registered course at the same or a higher AQF level from 20 March 2018 until the delegate's decision on 16 January 2020. While acknowledging the applicant's claims of fraud and the evidence presented, the Tribunal concluded that the circumstances giving rise to the non-compliance were not beyond the applicant's control. The Tribunal also noted that the applicant had provided inconsistent evidence and false information to the Department in response to a Notice of Intention to Consider Cancellation.

Consequently, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa.