Wahab (Migration)

This matter concerned an appeal by the applicant against the cancellation of his Student (Temporary) (Class TU) visa. The applicant’s visa was cancelled by the delegate on the grounds that he had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 by failing to maintain enrolment in a registered course at the same or a higher Australian Qualifications Framework (AQF) level as that for which his visa was granted. The Tribunal was required to determine whether the applicant had indeed breached condition 8202 and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal found that the applicant had breached condition 8202(2)(b) of the Migration Regulations. His visa had been granted for a Diploma of Science and a Bachelor of Engineering, which would provide an AQF level 7 qualification. However, the evidence showed that his enrolment in these courses had been cancelled in late 2018. Subsequently, he enrolled in a Certificate II course and a Diploma of Business, the highest qualification from which was an AQF level 5. The Tribunal concluded that, on the evidence, the applicant was not enrolled in a full-time registered course at the same or a higher level than that for which his visa was granted.

In considering the discretion to cancel the visa, the Tribunal had regard to the circumstances of the case, including matters raised by the applicant, such as his mother’s ill health and other life stressors. However, the Tribunal noted that the applicant had not provided evidence of a compelling need to remain in Australia and had confirmed his non-compliance with the AQF level requirement since November 2018. Weighing all relevant factors, the Tribunal affirmed the delegate's decision to cancel the applicant's visa.