Afzal (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute arose because the applicant ceased enrolment in a registered course, which constituted a breach of visa condition 8202. The applicant sought review of the delegate's decision to cancel his visa.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant remained enrolled in a full-time registered course, as required by condition 8202(2)(a). If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to relevant factors.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as he was not enrolled in a full-time registered course from 8 July 2019, a fact confirmed by the applicant. In considering the discretion to cancel the visa, the Tribunal had regard to the applicant's stated intention to study, the extent of his compliance with visa conditions, the potential hardship caused by cancellation, and the circumstances in which the ground for cancellation arose. While acknowledging the applicant's claims of personal medical issues, a change to a diploma-level course, and family medical issues and financial hardship, the Tribunal found these explanations lacked sufficient detail and did not demonstrate a compelling need to remain in Australia or that the circumstances were beyond his control. The Tribunal gave little weight to the potential hardship, as the applicant provided no evidence of significant financial, psychological, or emotional hardship.

Ultimately, the Tribunal concluded that the visa should be cancelled and affirmed the delegate's decision.