Afzaal (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Student (Temporary) (Class TU) visa, subclass 573, held by the applicant. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course. The applicant admitted to not being enrolled in a registered course since 13 August 2015, citing financial difficulties stemming from being cheated by flatmates and subsequent issues with enrolment fees.

The primary legal issue before the Tribunal was to determine if the applicant had complied with condition 8202 of his visa. This condition mandates enrolment in a registered course and satisfactory course progress and attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa under section 116(1) of the Migration Act 1958.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course. While acknowledging the applicant's explanation of financial hardship and personal pressures, the Tribunal concluded that these circumstances did not adequately explain the prolonged period of non-enrolment, which extended for over 13 months. The Tribunal also noted the applicant's failure to attend the hearing or provide further submissions, meaning there was no evidence of compelling need to remain in Australia or hardship that would result from cancellation. Applying the purpose of a student visa, which is to enable study in Australia, and considering the applicant's prolonged non-compliance, the Tribunal affirmed the decision to cancel the visa.