In 2016, Shahzeb Ahmed* came to Australia to study and got an admission in a Sydney University.
However, after a few months, his mother in Pakistan became ill and he had to return to his home country to be by his mother’s side. After taking care of his parent, he returned to Australia.
- Student visa requires enrollment at an Australian education provider
- Shahzeb left for Pakistan for a long period putting his visa "at-risk"
- His commitment to recommence his studies was a factor in Tribunal's decision
While he continued his studies, his mother became sick again. He quickly left for Pakistan and remained there for a few months, taking care of his mother.
After his mother had an operation and her health improved, Shahzeb returned to Australia but by that time his enrolment was cancelled at the university.
One of the conditions of the student’s visa is that a student must be enrolled in an educational institute.
In January 2019, a delegate of the Minister for Home Affairs cancelled the applicant’s Subclass 573 Higher Education Sector visa under the Migration Act.
The decision was based on the fact that Shahzeb remained without an enrolment at an Australian education provider for 11 months.
After four months, the Administrative Appeals Tribunal heard the case of Shahzeb’s visa.
He told the Tribunal that he did not think he would be returning to Australia.
According to the Tribunal, the applicant was convinced his mother was so ill that he was compelled to return to Pakistan to be with her, knowingly putting his “visa at risk”.
Shahzeb told the tribunal that he was very close to his mother and so concerned about her illness, that he could not think of anything else.
Shahzeb told the administrative appeal body that he now wishes to complete his studies and has already finished a few units, during his initial studies, that will assist in the completion of the degree. He also presented a conditional letter of offer from a university.
Graduation ceremony in Australia Source: Getty
The 23-year-old also stated that after completing his studies he plans to go back to Pakistan and is not considering applying for a permanent visa.
The Tribunal noted that the breach is “significant”, but by showing the “commitment to recommence his education” the applicant has “re-established himself as a student and therefore his reasons for staying in Australia.”
The Tribunal set aside the decision made by the Department of Home Affairs delegate and substituted a decision not to cancel the applicant’s student visa.
*Name changed due to privacy.
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