Bhatti (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by Mr. Bhatti against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 573 (Higher Education Sector). The dispute arose because Mr. Bhatti was not enrolled in a registered course, thereby failing to comply with condition 8202(2) of his visa.

The Tribunal was required to determine whether Mr. Bhatti had breached condition 8202(2) of the Migration Regulations 1994 and, if so, whether the discretion to cancel his visa should be exercised. The specific issue was whether his failure to maintain enrolment in a registered course constituted a breach, and if so, what weight should be given to the circumstances surrounding this non-compliance when considering cancellation.

The Tribunal found that Mr. Bhatti had indeed breached condition 8202(2) by remaining unenrolled for approximately 11 months due to his mother's illness and his subsequent return to Pakistan. However, in exercising its discretion, the Tribunal had regard to Mr. Bhatti's compelling reasons for leaving Australia, his commitment to recommencing his studies, and his intention to complete both his diploma and a subsequent bachelor's degree, evidenced by a conditional offer of admission. Despite acknowledging the significance of the breach and the applicant's failure to contact his education provider or the Department, the Tribunal concluded that, considering his age and renewed commitment to education, the visa should not be cancelled. The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Bhatti's visa.