Ajay (Migration)

The Administrative Appeals Tribunal considered the case of Ajay (Migration), concerning the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 500. The dispute arose from the applicant's alleged failure to comply with a condition of their visa, leading to the delegate's decision to cancel it.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994 (Cth). Specifically, the Tribunal had to determine if the applicant was enrolled in a full-time registered course, maintained enrolment in a course at the appropriate AQF level, and had not been certified by their education provider for unsatisfactory course progress or attendance. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as they were not enrolled in a full-time registered course from 26 October 2021 until the visa cancellation on 15 May 2023, a fact admitted by the applicant. In considering the discretion to cancel the visa, the Tribunal had regard to various factors outlined in departmental policy, including the applicant's circumstances, the reasons for non-compliance, and potential hardship. Despite submissions regarding study difficulties, mental health issues, and family bereavements, the Tribunal concluded that the visa should be cancelled.

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