AZIZI (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, subclass 500, was cancelled. The dispute centred on whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course and to maintain satisfactory course progress and attendance.

The Tribunal was required to determine if the applicant had complied with condition 8202 and, if not, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to assess whether the applicant's failure to be enrolled in a full-time registered course constituted a breach of the visa conditions and then consider the applicant's personal circumstances, including his relationship with an Australian partner and his stated intention to remain in Australia, in deciding whether to affirm the cancellation.

The Tribunal found that the applicant had breached condition 8202(2)(a) as he had not been enrolled in a full-time registered course since 22 August 2018. While acknowledging the applicant's intention to marry his Australian partner and build a life together in Australia, the Tribunal was not convinced that he had a compelling need to remain in Australia. The Tribunal noted that the applicant had not yet applied for a partner visa, which would be a more appropriate pathway for his stated intentions. Weighing the factors, the Tribunal concluded that the circumstances favouring cancellation outweighed those against it.

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