BAIG (Migration)

The Administrative Appeals Tribunal considered the decision to cancel the visa of an applicant who held a subclass 573 Student visa. The dispute centred on whether the applicant had breached condition 8202 of his visa, which requires a student visa holder to be enrolled in a registered course of study.

The Tribunal was required to determine if the applicant had failed to comply with condition 8202(2) of the Migration Regulations 1994, which mandates enrolment in a registered course. If a breach was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, weighing the grounds for cancellation against any reasons for not cancelling it.

The Tribunal found that the applicant had not been enrolled in a registered course of study between 20 September 2017 and 23 September 2018, thereby breaching condition 8202(2). The applicant's explanations for his lack of enrolment, including difficulties with his studies and personal circumstances in Pakistan, were considered. However, the Tribunal concluded that the grounds for cancelling the visa outweighed the reasons for its retention.

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