Ahmad (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 was not enrolled in a registered course, which constituted a breach of visa condition 8202. The applicant had previously sought review of the cancellation decision in the Federal Circuit Court, which remitted the matter to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, and if so, whether the discretion to cancel the visa should be exercised. Condition 8202 requires a student visa holder to be enrolled full-time in a registered course and to maintain satisfactory course progress and attendance. The Tribunal also had to consider the applicant's submissions regarding his health and family circumstances as reasons for non-compliance and as grounds for exercising discretion against cancellation.

The Tribunal found that the applicant had indeed breached condition 8202(2) by not being enrolled in a registered course between February and July 2019, a fact conceded by the applicant. Despite acknowledging the applicant's submissions concerning his diagnosis of high blood pressure and the stress caused by his father's death, which he argued led to his non-compliance, the Tribunal determined that these circumstances did not outweigh the breach of the visa condition. The Tribunal considered various factors relevant to the exercise of discretion, including hardship and extenuating circumstances, but ultimately concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel the applicant's Class TU visa.