Yadav (Migration)

This matter concerned an appeal by the applicant against the cancellation of his Subclass 500 (Student) visa by the Department of Home Affairs. The applicant's visa was cancelled on the grounds that he had failed to comply with a condition of his visa, specifically condition 8202, which requires a student visa holder to be enrolled in a full-time registered course of study or training. The applicant had been unenrolled from his Bachelor of Information Technology course from 21 August 2021 until after he received a notice of intention to consider cancellation in July 2023.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) was established, and if so, whether the discretion to cancel the visa should be exercised in the applicant's circumstances. The Tribunal was required to consider the applicant's explanations for his non-compliance, including his father's health issues, his own mental health struggles, and difficulties with online study, against the evidence presented.

The Tribunal found that the ground for cancellation was established, as the applicant had not contested that he was unenrolled from a full-time registered course for a significant period. In considering the discretion to cancel, the Tribunal noted the applicant's submissions regarding his father's serious health condition and his own alleged mental health issues and study difficulties. However, the Tribunal found the evidence regarding his mental health to be vague, evasive, and uncorroborated, particularly the claim of taking medication from India. The Tribunal also noted that the applicant had not completed any units of study during his time in Australia.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa. The Tribunal concluded that, considering all the circumstances, the visa should be cancelled.