Yadav (Migration)

This matter concerned the review of a decision by the Department of Home Affairs to cancel the applicant's Student (Temporary) (Class TU) visa, subclass 500. The applicant, Mr. Yadav, had been granted the visa to study a Master of Business Administration (AQF Level 9). The dispute arose because the applicant subsequently enrolled in a Certificate III in Commercial Cookery (AQF Level 3), which was at a lower AQF level than that for which his visa was granted.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202(2)(b) of his Student visa, which requires a visa holder to maintain enrolment in a registered course that, upon completion, will provide a qualification at the same or a higher AQF level than the course for which the visa was granted. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had indeed breached condition 8202(2)(b) by enrolling in a course at a significantly lower AQF level. The applicant's explanation for this enrolment, citing parental expectations and a lack of interest in his original course, did not negate the breach. Furthermore, the Tribunal noted the applicant's history of multiple course changes and uncompleted studies since his arrival in Australia in 2016, concluding that he had not fulfilled the purpose for which his visa was granted. The Tribunal determined that the grounds for cancelling the visa outweighed any grounds for not doing so.

Consequently, the Tribunal affirmed the decision of the Department of Home Affairs to cancel the applicant's Student visa.