Afzal (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa was cancelled. 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. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202(2) of the Migration Regulations 1994, specifically the requirement to be enrolled in a registered course. The Tribunal also had to determine whether, having found a breach, it should affirm the decision to cancel the applicant's visa, considering the circumstances presented by the applicant.

The Tribunal found that the applicant had not been enrolled in a registered course for the period between 15 August 2016 and 2 May 2017, and therefore had breached condition 8202(2). The applicant's claims of enrolment during this period were not supported by evidence, and the Tribunal gave greater weight to departmental records indicating a lack of enrolment. In considering the discretion to cancel the visa, the Tribunal acknowledged the applicant's explanation of family health and financial difficulties, including his mother's cancer treatment and financial strain on his father. However, despite these circumstances and the applicant's stated intention to re-enrol, the Tribunal concluded that the visa should be cancelled.