1513255 (Migration)

The Administrative Appeals Tribunal considered whether to affirm the decision to cancel the applicant's student visa. The applicant, a holder of a student visa, was alleged to have breached condition 8202 of the Migration Regulations 1994. The core of the dispute revolved around the applicant's compliance with the requirement to be enrolled in a registered course.

The Tribunal was required to determine if the applicant had breached condition 8202(2) of the Migration Regulations 1994, which mandates that a student visa holder must be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's submissions and relevant government policy.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course for a continuous period of 17 months, from April 2014 until his visa cancellation in September 2015. Despite the applicant's stated intentions to study and his completion of previous courses, the evidence indicated a significant period of non-enrolment and a prioritisation of work over study. The Tribunal noted the applicant's admission of making a mistake by not returning to his studies after a period of work and travel. In exercising its discretion, the Tribunal considered the applicant's desire to gain further qualifications for future employment and his plans to return to Pakistan. However, the Tribunal was significantly concerned by the prolonged period of non-study since late 2012.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.