Bhatta (Migration)

This matter concerned the review of a decision to cancel the applicant's Student (Temporary) (Class TU) visa, Subclass 500. The applicant's visa was cancelled on the grounds that they had breached condition 8202 of the Migration Regulations 1994 (Cth) by failing to maintain enrolment in a full-time registered course. The applicant had ceased enrolment in a registered course on 18 August 2020 and was not enrolled in any registered course until 5 September 2022, when they obtained new confirmations of enrolment.

The primary legal issue before the Tribunal was whether the applicant had complied with condition 8202 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had been enrolled in a full-time registered course as required by subclause 8202(2)(a). If a breach of this condition was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to various factors outlined in departmental procedural instructions.

The Tribunal found that the applicant had not complied with condition 8202(2)(a) as they were not enrolled in a full-time registered course from 18 August 2020 until 5 September 2022. While the applicant provided reasons for their non-enrolment, including academic difficulties, mental health struggles, and relocation, the Tribunal concluded that these circumstances did not outweigh the breach of the visa condition. After considering the applicant's explanations and the relevant factors for exercising discretion, the Tribunal affirmed the decision to cancel the applicant's visa.