BAJARH (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of BAJARH, a holder of a Student (Temporary) (Class TU) visa, subclass 573 Higher Education Sector. The applicant's visa was subject to cancellation due to ceasing enrolment in a registered Higher Education course. The applicant sought review of the decision to cancel their visa.

The primary legal issue before the Tribunal was whether the applicant had demonstrated that they had made real and genuine efforts to re-engage with their studies after ceasing enrolment. This required the Tribunal to assess the applicant's actions and intentions in attempting to resume their educational pursuits.

The Tribunal found that the applicant had indeed made real and genuine efforts to re-engage with their studies. The applicant provided evidence of their attempts to re-enrol and their communication with the educational institution. Based on this evidence, the Tribunal concluded that the applicant had met the criteria for demonstrating a genuine effort to continue their studies. Consequently, the Tribunal set aside the decision under review.