Student Visa Cancellation - Honesty Matters

On 19 August 2024, the Administrative Appeal Tribunal (AAT) set aside the department’s decision to cancel a student visa (Subclass 500) for compelling reasons.

Background Facts

The delegate cancelled the applicant’s student visa under section 116(1)(b) of the Migration Act 1958 (the ‘Act’) as the applicant did not comply with his visa condition 8202 – the requirement to maintain enrolment in a registered course for which the visa was granted. The Department noticed that the Applicant’s last enrolment in a registered course was cancelled. The Department informed the applicant about the cancellation decision and invited him to give reasons for requesting to revoke the cancellation decision.

Issues raised at the AAT

Whether there is ground for the visa cancellation, whether the visa should be cancelled, or any other reasons to revoke the Department’s decision.

AAT’s consideration

The AAT has considered the circumstances with all the evidence provided by the applicant when making a decision.

Resume of education/ Family Bereavement/ Pandemic consequences

It appeared to the AAT that the applicant genuinely desired an Australian qualification. This can be seen as a compelling need for the applicant to remain in Australia to complete his studies. The AAT further looked into the financial hardship that the Applicant might face if his visa got cancelled, which the applicant and his family will then experience financial hardship as they have invested significantly into the applicant’s education from high school level to a professional qualification.

In fact, despite the visa cancellation, the applicant has obtained further enrolment in other two different courses and it was successfully progressing. With this, the AAT saw that the applicant was back on track to complete his studies. This shows that the applicant is genuine in his desire to get an Australian qualification.

Moreover, COVID had traumatised the applicant as he caught COVID with a lot of bad symptoms and could not get out of bed for a significant time. The applicant’s grandmother passed away at the same time which caused him devastated. He lost his motivation due to his grandmother’s death. He suffered from deep grief and lived under great pressure to fulfil his family’s expectations. The applicant’s family might also face emotional and psychological hardship if he is required to depart Australia. The applicant had been living with his grandparents since his first arrival in Australia as a teenager. The applicant submitted that it would cause great family dishonour if he failed to achieve the desired qualifications.

The Tribunal accepted that the circumstances of the pandemic which has brought him trouble were outside the control of the applicant. No contradiction was found in his submitted evidence.

Key takeaways 

The applicant has demonstrated his genuine intention and provided a clear explanation of why he could not comply with the visa conditions. Honesty always matters in the court. The applicant had proven his best to resume studies while he could and provided sufficient reasons to explain the hardship that he was facing.

How Can Agape Henry Crux Help You

If you find yourself in a similar situation or you may be unsure of the decision reason may seem ridiculous or uncommon, contact us at Agape Henry Crux immediately. You can book a Migration Planning Session with one of our Accredited Specialist and immigration lawyers to seek professional advice by calling 02-83105230 or email us to book a time at info@ahclawyers.com.

We speak fluent English, Mandarin, Cantonese and Malay. If these aren’t your language, we can also help you arrange an interpreter.

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