Wan Mohammad Abedullah Hakim (Migration)

This matter concerned an appeal by Wan Mohammad Abedullah Hakim against the decision to cancel his Student (Temporary) (Class TU) Subclass 570 visa. The applicant's visa was cancelled on the grounds that he was no longer enrolled in a registered course of study, thereby breaching visa condition 8202. The Administrative Appeals Tribunal (AAT) was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal considered whether the applicant had breached condition 8202(2)(a) of his visa, which requires the visa holder to be enrolled in a registered course. Evidence from the Provider Registration and International Student Management System (PRISMS) indicated that the applicant's enrolment in a Certificate IV in Spoken and Written English-Employment was cancelled on 25 February 2016, and he had not been enrolled in a registered course since that date. The Tribunal also examined the applicant's responses to a Notice of Intention to Consider Cancellation (NOICC), his oral evidence regarding his studies, and payment receipts for tuition fees.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by ceasing to be enrolled in a registered course. Despite the applicant's claims of continued fee payments, he was unable to provide any details about the study he was undertaking in 2016, including commencement dates, academic terms, or holiday periods. Furthermore, the applicant provided no response when presented with his travel movement records and the fact that two tuition fee receipts were dated after his enrolment cancellation. On balance, the Tribunal concluded that the visa cancellation decision should be affirmed.