AUFAR (Migration)

The applicant, AUFAR, sought review of the Minister's decision to cancel his Subclass 500 (Student) visa. The cancellation was based on the ground that AUFAR had failed to comply with a condition of his visa, specifically condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a registered course and maintain satisfactory course progress and attendance. AUFAR acknowledged that he was not enrolled in a full-time registered course of study between 2 November 2017 and 19 September 2018.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 was made out, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal was required to consider the applicant's circumstances, including his stated reasons for non-compliance, such as family health issues and study difficulties, against the requirements of the visa conditions.

The Tribunal found that AUFAR had indeed failed to comply with condition 8202 as he was not enrolled in a full-time registered course of study during the specified period. While the Tribunal accepted that AUFAR's brother had undergone surgery and his father had suffered a mild stroke, it found that these circumstances did not adequately explain his failure to comply with his visa conditions. The documentary evidence provided to support these claims was also given limited weight. Considering all the circumstances, including AUFAR's academic performance in previous courses and his stated intention to pursue a career in commercial cookery, the Tribunal concluded that the visa should be cancelled.

The Tribunal affirmed the decision to cancel AUFAR's Subclass 500 (Student) visa.