Abir (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 573, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which mandates enrolment in a registered course and satisfactory course progress and attendance. The applicant contended that various personal circumstances, including family illness and issues with educational institutions, constituted extenuating reasons for non-compliance.

The primary legal issue before the Tribunal was to determine if the applicant had contravened condition 8202 of their visa. Specifically, the Tribunal had to assess whether the applicant was enrolled in a registered course as required by subclause 8202(2). If a breach was found, the Tribunal was then required to consider whether to exercise its discretion to cancel the visa, taking into account the applicant's submissions regarding compelling and compassionate circumstances, as well as relevant government policy guidelines.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course between May 2015 and September 2016. Despite the applicant's detailed explanation of personal hardships, including family illness, financial difficulties, and mental health struggles, the Tribunal concluded that these circumstances did not outweigh the breach of the visa condition. The Tribunal affirmed the decision to cancel the applicant's visa.