Bhullar (Migration)

This matter concerned an appeal by the applicant, Mr. Bhullar, against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 500. The Department of Home Affairs had cancelled the visa on the grounds that the applicant had failed to comply with condition 8202 of the Migration Regulations 1994, specifically by not being enrolled in a full-time registered course. The applicant contended that he had not breached the condition and sought to have the cancellation decision reviewed.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of his visa. This condition, as it applied to the applicant, required him to be enrolled in a full-time registered course, maintain enrolment in a course at the same or higher Australian Qualifications Framework (AQF) level as his previous course, and ensure satisfactory course progress and attendance. The Tribunal also had to consider whether, if a breach had occurred, there were any extenuating circumstances or compelling reasons that warranted the exercise of discretion to set aside the cancellation.

The Tribunal found that the applicant had indeed breached condition 8202(2)(a) by ceasing to be enrolled in a registered course. While the applicant provided a new Confirmation of Enrolment (CoE) shortly before the Department issued its notice of intention to cancel, this enrolment was made after the breach had occurred. The Tribunal considered the applicant's explanations regarding his mental health struggles, financial difficulties, and the impact of COVID-19 restrictions, acknowledging these as significant challenges. However, the Tribunal concluded that these circumstances, while noted, did not provide a sufficient basis to override the departmental decision. The Tribunal affirmed the decision to cancel the applicant's visa.