Waheed (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel Mr Chaudhary Ehtasham Waheed's subclass 500 student visa. The cancellation was based on the applicant's alleged failure to comply with condition 8202(2)(b) of his visa, which requires a visa holder to maintain enrolment in a registered course at the same or a higher level than the course for which the visa was granted. The delegate was not satisfied that any reasons for not cancelling the visa outweighed the grounds for cancellation.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) and, if so, whether the visa should be cancelled. The applicant had provided various documents to the Tribunal, including evidence of family bereavements, a psychologist's letter, and a payslip, in addition to documents submitted to the Department. The Tribunal considered these documents alongside the Department's file, which included correspondence from the applicant and his educational institution regarding his unsatisfactory academic progress.

The applicant accepted before the Tribunal that he had breached condition 8202(2)(b). He confirmed that his enrolment in a Master of Business course at Western Sydney University, which was due to commence on 4 January 2019, was cancelled by the university on 14 May 2019, and he had never commenced the course. This admission established the breach of the visa condition.