Ashraf (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding the cancellation of the applicant's Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The applicant sought to have the decision to cancel his visa reviewed, citing financial difficulties, poor academic performance, and the potential hardship he would face if required to return to his home country without completing his studies.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and to achieve satisfactory course progress and 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 indeed breached condition 8202(2) of the Regulations, as he had not been enrolled in a registered course of study for a significant period between March 2016 and February 2017. While the applicant presented submissions detailing his financial struggles, family disappointment, and mental and physical health issues impacting his ability to study, the Tribunal considered these matters in the context of its discretion to cancel the visa. Despite acknowledging the hardship the applicant claimed he would face, the Tribunal ultimately affirmed the decision to cancel the visa.