1603691 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose student visa was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the *Migration Regulations 1994* by failing to maintain enrolment in a registered course. The applicant had not disputed the grounds for cancellation but provided explanations for his circumstances.

The Tribunal was required to determine if the applicant had complied with condition 8202, which mandates enrolment in a registered course, satisfactory course progress, and satisfactory course attendance. Specifically, the cancellation was based on the applicant not being enrolled in a registered course. The Tribunal also had to consider whether to exercise its discretion to cancel the visa, even if a breach was found.

The Tribunal found that the applicant was not enrolled in a registered course from October 2014 to November 2015, thus breaching condition 8202(2). While the applicant cited personal difficulties, including a lack of motivation, depression, and family issues, the Tribunal was not satisfied that these adequately explained the prolonged period of non-enrolment. The Tribunal noted the applicant's failure to seek assistance from his education provider or a medical professional, and considered the provided documentation regarding his grandmother's illness insufficient to justify the extended period without study. The Tribunal concluded that the applicant had not demonstrated he was a genuine student and affirmed the decision to cancel the visa.