Aulakh (Migration)

The Administrative Appeals Tribunal considered the cancellation of a Student (Temporary) (Class TU) visa, Subclass 573, held by the applicant, Mr. Aulakh. The dispute arose from the applicant's failure to remain enrolled in a registered course, which led to the delegate's decision to cancel his visa under section 116(1) of the Migration Act 1958. The applicant did not attend the hearing before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, specifically subclause (2) which requires the holder to be enrolled in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to the applicant's submissions and relevant government policy.

The Tribunal found that the applicant had not complied with condition 8202(2) as he was not enrolled in a registered course from 4 November 2015, a fact not disputed by the applicant. In considering the exercise of discretion, the applicant provided an email explaining his inability to continue studies due to stress from the "INDO-PAK BORDER TRAGEDY," his grandmother's death, and family land issues. However, the Tribunal found the evidence provided insufficient to substantiate these claims, noting the lack of documentary evidence for the grandmother's death, the evacuation of his village, or his family's displacement. The applicant's failure to attend the hearing and provide further evidence also led the Tribunal to doubt the veracity of his claims and the causal link between these circumstances and his failure to maintain enrolment.

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