ALDERHALLY (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) Subclass 572 visa was cancelled. The dispute centred on whether the applicant had breached a condition of their visa, leading to its cancellation by the Department. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant was enrolled in a registered course as required by the visa conditions. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account various factors including the applicant's compelling need to remain in Australia and the hardship that cancellation might cause.

The Tribunal found that the applicant had not complied with condition 8202(2) of the Regulations, as they were not enrolled in a registered course for a continuous period of 12 months. While the applicant claimed a compelling need to remain in Australia to complete an MBA for career advancement, the Tribunal found these claims to be general and unsupported by independent evidence, thus not demonstrating a powerful or convincing reason to stay. Although the applicant presented claims of hardship, including psychological disadvantage and career limitations, and had complied with other visa conditions, these factors were outweighed by the significant breach of the enrolment requirement.

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