1513974 (Migration)

This matter concerned an applicant whose student visa was cancelled by the delegate. The applicant sought review of this decision before the Tribunal. The central dispute revolved around whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates compliance with enrolment, satisfactory course progress, and satisfactory course attendance for student visa holders.

The Tribunal was required to determine if the applicant had complied with condition 8202 of the Regulations, specifically whether they had been 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, having regard to the applicant's submissions and relevant government policy guidelines.

The Tribunal found that the applicant had not been enrolled in a registered course from 10 October 2014 until 20 August 2015, thereby failing to comply with condition 8202(2). While the applicant explained this period of non-enrolment as stemming from career uncertainty and a desire to transition to the hospitality sector, the Tribunal concluded that these circumstances were not sufficiently extenuating to override the breach. After considering various factors relevant to the exercise of discretion, including the applicant's stated intention to complete further studies and return to Nepal, the Tribunal affirmed the decision to cancel the applicant's visa.