Bhullar (Migration)

This matter concerned an appeal by an applicant against the cancellation of their Student (Temporary) (Class TU) visa, subclass 573 (Higher Education Sector). The visa was cancelled on the grounds that the applicant had breached condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically by failing to be enrolled in a registered course. The applicant argued that personal circumstances, including the death of family members, had prevented them from complying with their visa conditions.

The Tribunal was required to determine whether the applicant had breached condition 8202 of the Migration Regulations 1994 and, if so, whether to exercise its discretion to affirm the cancellation of the visa. Condition 8202 mandates that a visa holder must be enrolled in a registered course and maintain satisfactory course progress and attendance. The applicant’s visa was cancelled because they were not enrolled in a registered course between 3 July 2016 and the date of the Notice of Intention to Consider Cancellation on 6 March 2017.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course during the relevant period. While acknowledging the applicant's personal circumstances, including the death of their sibling and psychological distress, the Tribunal noted that the deaths of their mother and sister-in-law occurred prior to their arrival in Australia. The Tribunal considered that the applicant was aware of the impact of these events and had a responsibility to adhere to their visa conditions, which could have included returning home or reporting the situation. The Tribunal also found a lack of evidence to support the applicant's claim that their enrolment was cancelled due to not attending the first day of a course. Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.