Avinash (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the applicant's Subclass 500 (Student) visa under s.116(1)(b) of the *Migration Act 1958* (Cth). The cancellation was based on the applicant's alleged failure to comply with condition 8202 of Schedule 8 to the *Migration Regulations 1994* (Cth), specifically by not being enrolled in a full-time registered course.

The Tribunal was required to determine whether the applicant had breached condition 8202, which mandates enrolment in a full-time registered course, and if so, whether to exercise its discretion to cancel the visa. The applicant had agreed that he was not enrolled in a registered course between 15 July 2018 and 23 April 2019, which constituted a failure to comply with the condition.

In considering the exercise of discretion, the Tribunal had regard to various factors, including the applicant's stated reasons for non-compliance. These included claims of a grandfather's illness, the applicant's potential arranged marriage, his parents' serious injuries, and financial problems. While the applicant's education provider had granted a deferral of his Master of Business Administration course until 15 July 2018 due to a marriage, and supporting documentation regarding illnesses and injuries was provided, the Tribunal found that the applicant had not been enrolled in a registered course during the specified period.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, concluding that the visa should be cancelled after considering all the circumstances.