Bajwa (Migration)

The Administrative Appeals Tribunal considered the case of an applicant whose Student (Temporary) (Class TU) visa, Subclass 573 Higher Education Sector, was cancelled. The cancellation was based on the applicant's failure to remain enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994. The applicant acknowledged this breach.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of their student visa, specifically by not being enrolled in a registered course. If a breach was found, the Tribunal then had to determine whether to exercise its discretion under section 116(1) of the Migration Act 1958 to cancel the visa, or to refrain from cancelling it.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by not being enrolled in a registered course since 8 October 2016. However, in considering the exercise of its discretion, the Tribunal had regard to the applicant's stated purpose of studying International Business at La Trobe University with the intention of returning to Pakistan to work in his family's business. Despite the applicant not holding a current Confirmation of Enrolment and the associated costs and complexities of re-enrolling, the Tribunal was satisfied that the applicant's circumstances warranted the exercise of discretion not to cancel the visa.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.