Bhullar (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 573 Higher Education Sector visa held by the applicant, Ms. Bhullar. The dispute arose because the applicant was not enrolled in a registered course of study, which constituted a breach of condition 8202 of the Migration Regulations 1994. The delegate of the Minister had cancelled the visa on this ground.

The Tribunal was required to determine whether the applicant had breached condition 8202 of her visa, specifically by failing to be enrolled in a registered course. If a breach was found, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account the circumstances presented by the applicant.

The Tribunal found that the applicant had indeed failed to comply with condition 8202(2) as she was not enrolled in a registered course of study from 15 March 2017. However, in considering the discretion to cancel the visa, the Tribunal had regard to the applicant's submissions detailing significant personal difficulties, including depression, injury, and housing instability, which impacted her ability to manage her studies and visa obligations. While acknowledging the applicant's fault in not contacting the Department, the Tribunal concluded that, in light of these compelling circumstances beyond her control, the visa should not be cancelled.

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