ZEESHAN (Migration)

Muhammad Zeeshan applied to the Administrative Appeals Tribunal for a review of the Minister for Home Affairs' decision to cancel his Student (Temporary) (Class TU) visa, subclass 500. The visa was cancelled under section 116(1)(b) of the *Migration Act 1958* (Cth) on the basis that Mr Zeeshan was not enrolled in a registered course of study.

The Tribunal was required to determine whether Mr Zeeshan had breached condition 8202 of Schedule 8 of the *Migration Regulations 1994* (Cth), which mandates that a student visa holder must maintain enrolment in a registered course or, in limited circumstances, a full-time course of study or training. If a breach was established, the Tribunal then had to consider whether the visa should be cancelled.

The Tribunal found that Mr Zeeshan had not maintained enrolment in a registered course of study at the Australian Qualifications Framework level 9 (master’s degree or above) from 22 August 2017. Evidence indicated he re-enrolled in a diploma-level course on 6 November 2017. Mr Zeeshan admitted in his response to a notice of intention to consider cancellation and in his oral evidence that he was not enrolled in a registered course. He explained this was due to difficulties adjusting to life in Australia upon his arrival.

The Tribunal affirmed the delegate's decision to cancel Mr Zeeshan's visa.