Bavandla (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Bavandla, an applicant whose Subclass 500 (Student) visa was cancelled. The cancellation was based on the applicant's failure to maintain enrolment in a registered course, a requirement of the visa. The applicant had ceased enrolment in their original course due to financial hardship and had sought to change to a cheaper alternative.

The primary legal issue before the Tribunal was whether the applicant had met the criteria for the cancellation decision to be set aside. Specifically, the Tribunal had to determine if the applicant's circumstances constituted a compelling reason for the visa cancellation to be revoked, considering the legislative requirements for maintaining student visa conditions.

The Tribunal affirmed the decision to cancel the visa. It found that while the applicant experienced financial hardship, this did not, in itself, excuse the failure to maintain enrolment in a registered course as required by the Migration Act 1958 (Cth) and associated regulations. The Tribunal applied the principles of the Migration Act, which mandate that student visa holders must maintain enrolment in a registered course unless specific exceptions apply, which were not demonstrated in this instance. The applicant's intention to change to a cheaper course did not negate the initial breach of the enrolment condition.